mi./^:-.M 


1 

PERKINS  LIBRARY 

Uulce   University 
Kare  Dooks 

1 
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i 


/, 


T  H;  K     CODE 


CITY  OF  MONTCIOMERY. 


rRErAREIi    JX    PIR^IANCK    OV    AN 


Order  of  the  City  Council  oi'  Montgomery 


13  Y     .TOIXrS     AV.     A..     S^VIVFOKO. 


MONTGOMEllY,    ALA  ; 

.1M,<  .t    SMITH,    CALORIC  WOli  AND   J    F    1  1  IMER.^ 
ISGl. 


E  E  R  A^  T  i^  . 


Oil  page  oO,  §  18,  ior  -wliieh,"'  roa«l  wliicli. 

On  page  31,  §  24,  for  "cacli,"  read  each. 

Ou  page  45,  §  102,  for  "sueli,"  read  siicli. 

On  page  47,  §  113,  for  'Tigliing,"  read  figlitiiig. 

On  page  45,  §  114,  omit  tlie  word  ''nine/' 

On  page  57,  §  167,  for  "  office,"  read  office. 

On  page  63,  §  190,  for  '•couneiV  read  coimcil.. 

Ou  page  06,  §  220,  for  "  licence,"  read  license. 

On  page  74,  §  2G6,  for  "  ca,"  read  every. 

On  page  78,  §  203,  for  "  moret  ban,"  read  nKDrc  Uian. 

On  imge  87,  §  346,  for  '■  informer,"  read  informer. 

ERRATA    IN    MARGINAL    NOTES. 

On  page  20,  §  17,  lor  -approbriuus,"'  read  opprobrious 

On  page  20,  §  27,  for  .''if  any,"  read  if  no. 

Ou  page  34,  §  42,  for  "artesion,"  read  artesian. 

On  page  37,  §  61,  for  "  agast,"  read  against. 

On  page  50,  §  133,  for  '•  foregoin,"  read  foregoing. 

On  page  5L  §  134,  for  ''  lectues,"  read  lecture. 

On  page  56,  §  164,  for  "  fires,"  read  fences. 

On  page  64,  §  206,  for  "pcdling,"  read  peddling. 

On  page  67,  §  224,  for  "licenses,"  read  licenf5es. 

On  page  75^  §  271,  for  "removrl,"  read  removal. 

On  page  70,  §  301,  for  "patrollcrs,"  read  patrol. 

On  page  80,  §  303,  for  "ten,"  read  two. 

On  page  82,  §  311,  for  "retaile,"  read  retailer. 

On  page  05,  §  396,  for  "  upon,"  read  issue. 

On  i^ige  90,  §  418,  for  "  wharfinlier,"  read  wharfinger. 

On  pnue  00.  §  410,  for  "ratee,"  read  rates. 


^ 


36    ^   ^     ^     / 


^N    A.CT 

To  Incorporate   the  City  of  Montgomery,    approv- 
ed December  23d,  1837. 

Section  1. — Be  it  enacted  by  the  Senate  and  House  of 
Represeniaiivcs  of  the  State  of  Alabama,  in  Gen- 
eral Assembly  convened — 

That  the  town  of  Montgomery,  in  said  State, 
shall  hereafter  be  called  the  city  of  Montgomery,  tion.° '^'''''"*" 
and  that  the  said  town  or  city  shall  include  within 
its  corporate  limits,  fractional  section  twelve,  in 
township  sixteen,  and  range  seventeen,  East  of  the 
Alabama  river,  and  so  much  of  the  North-East  quar- 
ter of  section  thirteen,  in  township  sixteen  and  range 
seventeen,  as  has  been  heretofore  surveyed  and  laid 
out  in  lots  of  a  size  less  than  one  acre  ;  and  so 
much  of  the  North-West  quarter  of  section  seven 
in  the  last  named  township  and  range,  as  has  been 
heretofore  surveyed,  and  laid  out  in  lots  of  a  size 
less  than  one  acre  ;  and  also  tlie  fractional  section    .  ,    , 

twelve,  in  township  sixteen,  East  of  the  Alabama   l^y  a"  Act 

'  ^  '  January  24, 

river  ;  the  North-East  quarter  of  section  thirteen,  issst. 
in  township  sixteen  and  range  seventeen  ;  tbe  North- 
West  quarter  of  section  eighteen  in  township  six- 
teen and  range  eighteen  ;  the  South  West  quarter 
of  section  seven,  in  township  sixteen  and  range 
eighteen  ;  the  North-West  quarter  of  section  sev- 
en, in  township  sixteen  and  range  eighteen  ;  the 
West  halt  of  the  South-East  quarter  of  section  sev- 


2 

en,  in  township  sixteen,  and  range  eighteen  ;  and 
bvAc"  Jiiif    ^  pi<3ce  oi"  Uxnd  containing  nine  and  thirty-five  hun- 
i3th,  1811.      dredths  acres,    by  Anierson's   Survey,  situated  im- 
mediately East  of  tliat  point  of  said  city  known  as 
Scott's   Town,    and  inclosed  and  used  as  a  burying 
Anion (lod    grouud  ;  the  West  half  of  the  North-East  cpiarter 
i;!,  IHSO.  "^  '    of  section  seven,  tov/nship  sixteen  range  eigliteen ; 
and  the   inhabitants  whereof  shall  bo  a  body  cor- 
porate, anel  that  the  Mayor  and  Aldermen  of  said 
city,   when    elected   and   qualified,   as   hereinafter 
directed,  sluill    be    named   and  styled  "Tlie  City 
May  pur-    Council  of  Montgomery,"  and  by  that  name  may 
(u-  pcrBoiiai    purchase,  receive,  hold,  or  let,  sell,  grant,  alien,  or 
s'uo"  ami  ilc    '^''Sure  proj)crty,  real  and  personal,  and  sue   and  be 
Bued.  sued,    })h!ad   and  be  impleaded,  and  to  do  and  per- 

Seai.  form  any  otlier  acts  incident  to  bodies  corporate,  to 

have  a  common  seal  which  maybe  changed  at  pleas- 
tiou  of  tho  lire,  and  that  the  jurisdiction  shall  extend  to  and 
'"■'  ^'  include   all   the  lands  above  described,  and  all  the 

Alabama   river   opposite   to  said  fractional  section 

Amen  (lod    twelve. 

Nov?'^  2;!r1,'       Section  2. — Be  it  further  enacted^  That  the  cor- 
1S53.  poration  limits  of  said  city  of  Montgomery  be,  and 

Tho  city  (h-    l\^^^  same  are  divided  into  six  Wards,  as  folloAvs  : 

(liVKifxl  into  ' 

six  Wards.         All  that   part  of  said  city  lying  South- West  of 

Commerce  street.  North- West  of  Montgomery 
Ward  No.  I.    street,  and  North  of  Clayton  street,  shall  form  tho 

First  Ward,  and   shall   be   known   and   styled   as 

Ward  number  one  ; 
And  all  that  part  of  said  city  lying  South-East 

of  Montgomery  street.  South  ot  Clayton  street,  and 
Ward  No.  2.    Wcst  of  Court  street,  shall  form  the  Second  Ward, 

and  shall  be  known  and  styled  as  Ward   number 

two  ; 

Ward  No.  'i.       ^^''i'^  '"-^^^  ^^^^^  V'^^'^  *^^  ^^^^  ^i^J  ^I'^^q  East  of  Court 
street^  South  of  Market  street,  and  West  of  Law- 


3 

rcnco  street,  sliall  form  tlio  Third  Ward,  and  shall 
be  known  and  st3'lcd  as  Ward  nnmher  three  ; 

And  all  that  part  of  said  city  lying  East  of  Law-    w.ani  No.  t. 
rence   street,    South  of  Marlcct  and  South  Market 
streets,  shall  form  the  Fourth  Ward,  and  shall  he 
known  and  styled  as  Ward  numher  four  ; 

And   all   that   part   of  said  city  lying  North  of  Ward  No.  r.. 
Market  and  South  Market  streets,  and  East  of  Per- 
ry street,  shall  form  the  Fifth  Ward,  and  shall   he 
known  and  styled  as  Ward  numher  five ; 

And   all    that  part   of  said  city  lying  North  oi'  War.i  n...  c. 
Market  street,  and  North-East  of  Commerce,    and 
West  of  Perry  street,  shall  form  tlie  Sixth  Ward, 
and  shall  be  known  as  Ward  number  six  ; 

And  each  of  said  Wards,  numbers  one,  two,  three,    li;'^*^''/'^'''','^ 

'  7  7  7     Wards  slmll 

four,  five  and  six,  sliall,  and  is  herebv  declared  en-  '"^   c-ntitiod 

titled  to  two  Aldermen,  who  shall   reside   in    the  donncn. 

same,   and    who   shall  be  elected  annually  by  the  ^y^,  j^,,^.  2 ; 

qualified  electors  thereof ;  and  an  election  shall  be  ^'*''''- 

held  in  each  Ward  on  the  first  ]\Tonday  in  Decern-  ]:iection 

her  in  each  and  every  year,  for  a  Mayor,  wlio  shall  fipi.^on  fust 

reside  within  the  limits  of  said  city,   and    two    A!-  •^'""'"'■ly  "• 

•^  '  I  •  o  r.  0  in  l)or 

dermen  for  each  Ward  ;  and  the  ])erson  having  the   "  ^  f^vcry 

greatest   number   of  votes  for  Mayor  in  said  city 

shall  be  Mayor,  and  the  two  ]iersons  in  each  Ward 

having  the  greatest  number  of  votes  for  Aldermen, 

shall  be  Aldermen  for  such  Ward  ;  but  if  two   or 

more   ])ersons   have  an  equal  number  of  votes  for 

Mayor,  the  Aldermen  shall  determine  who  sliall  be    ,  , 

Mayor;  and  if  no  two  persons  in  any  ward  shall    ti<'forM:iy 

have  a  higher  number  of  votes  than  any  other  ])er- 

son,  the  Mayor  and  Aldermen  shall  det(Mniine  who 

shall  be  Aldermen  for  that  Ward,  the  one  having 

the   highest  number  always  being  one.     The  Rai<l 

Mayor  and  Aldermen  shall  hold    their    office    until 


men. 


Term  of  of- 
fice. 


Vacancies, 
how  filled. 


Who 

decide  elec- 
tions. 


the  next  succeeding  election  after  their  election  or 
appointment,  and  until  tlieir  successors  are  duly- 
elected  and  qualified  ;  if  a  vacancy  occur  in  the  of- 
fice of  Mayor  or  Aldermen  by  death,  resignation, 
removal,  or  otherwise,  such  vacancies  shall  be  filled 
by  the  Mayor  and  Aldermen,  or  by  the  Aldermen, 
shall  ^^  ^he  case  may  be  ;  the  Aldermen  shall  judge  of 
the  qualification  of  the  Mayor,  and  the  Mayor  and 
Aldermen  shall  judge  of  the  qualification  of  each 
Alderman. 


Two  freehol 
ders  to  be 
appointed. 


Qual  ili ca- 
tion of  vo- 
ters for  city 
officers. 

Amended 
by  Act,  Nov. 
29,  1859. 

Qu  ali  fi ca- 
tion of  May- 
or or  Alder- 
men. 

Proviso. 


Oath  of  of- 
fice. 


Section  3. — And  be  it  further  enacted,  That  the 
Intendant  and  Council  of  the  town  of  Montgomery 
shall  appoint  at  least  two  discreet  and  respectable 
freeholders  or  lot  holders  in  each  Ward,  who  shall 
be  managers  of  the  next  election,  and  said  city 
Council  shall  make  such  appointments  thereafter, 
All  white  male  citizens  of  this  State,  above  the  age 
of  twenty-one  years,  who  shall  have  resided  within 
said  cit}^  six  months  immediately  preceding  an  elec- 
tion, who  shall  have  paid  a  poll  tax  for  the  munici- 
pal year,  shall  be  qualified  electors  for  Mayor  and 
Aldermen  ;  and  no  person  shall  be  elegible  to  the 
office  of  Mayor  or  Aldermen,  unless,  in  addition  to 
the  qualification  of  elector,  he  shall  have  resided  in 
said  city  one  year  next  preceding  an  election,  and 
be  a  freeholder  or  lot  holder  in  said  city  :  Provided, 
that  so  much  of  this  section  as  provides  the  pay- 
ment of  taxes  as  a  qualification  of  an  elector,  or 
Mayor  or  Alderman,  shall  not  apply  to  persons  liv- 
ing at  the  next  election  on  the  above  described 
lands,  and  out  of  the  limits  of  the  town  of  Mont- 
gomery. 

Section  4. — And  he  it  further  enacted,  That  the 
said  Mayor  and  Aldermen,  shall  severally,  before 
they  enter  upon  the  duties  of  their  office,  in   addi- 


tion   to   tlie  oath  prescribed  for  civil  officers  of  the 
State,  make  and  subscribe  an   affidavit   that   they 
will  endeavor  to  prevent  and  punish  all  tumultuous 
and  riotous  assemblies,  assaults  and  batteries,  gam- 
ing, keeping  gaming  houses,  and  all  other  public 
oifences  and  violations  of  the  laws  of  the  State  and 
ordinances  of  said  city  ;  and  will  faithfully,  to  the 
best  of  their  skill  and  judgment,  execute  their  of- 
fice  without   favor   or  partiality ;  which  affidavit 
shall  be  filed  in  the  office  of  the  Clerk  of  said  city. 
Section  5. — And  he  it  further  enacted,  That  the 
said   Mayor   and  Aldermen,  in  Council  assembled, 
shall  have  power  and  authority  to  pass  by-laws  and 
ordinances  necessary  and  proper  to  prevent  contagi- 
ous and  infectious  diseases  from   being   introduced 
into   said   city,  and  to  preserve  the  health  thereof; 
to  prevent  and  remove  all  nuisances  at  the  expense 
of  the  person  causing  such  nuisance,  or  upon  whose 
property  it  may  be  found  ;  to  license,  tax,  regulate 
and  restrain  theatrical  amusements  and  shows  ;  to 
restrain  and  prohibit  gaming,  and  keeping  gaming 
houses   and  houses  of  ill  fame  ;  to  establish  night 
watches  and  day  watches,  and  patrols,  and  to  appoint 
leaders  and  captains  thereof ;  to  make,  alter,  and 
ascertain  new  streets  and  alleys  ;  to  clean  and  keep 
in  repair  tlie  streets  and  alleys ;  to  regulate  the  sta- 
tioning, moving  and  anchorage  of  steamboats,  and 
other  boats  and  craft  within  their  jurisdiction  ;   to 
have  a  general  control   and   superintendance   over 
tlic  wharf,  Avharfages,  ferry,  ferriages,  public  springs 
and  wells  ;    to  establish  necessary  inspections  ;  to 
erect  and  regulate  markets  and  the  assize  of  bread ; 
to  regulate  the  conveyance  of  water  from  the  vicini- 
ty   into  the  said  city  ;  to  regulate  tbe  sales  at  auc- 
tions,   and   to   appoint  auctioneers :  Provided  the 
same  shall  not  extend  to  sales  under  execution   by 


To  pass  by- 
laws to  pre- 
vent conta- 
gious d  i  3- 
eases  to  pro- 
serve  the 
health,  re- 
move n  u  i- 
eanecs,  r  e- 
strain  exhi- 
bitions, ga- 
ming, hous- 
es oCill  fame 
establish 
watches  pa- 
trol Ac.  new 
streets  re- 
pair streets, 
regulate 
boats  ic.su- 
p  e  r intend 
the  wharf, 
ferry  and 
wells,  rcgu- 
late  mar- 
kets, ap- 
point auc- 
tioneers. 


Proviso. 


6 

order   of  court.,  or  by  executors  or  administrators  ; 
Regulate   to  ercct  puWic   scalc   liouses,    with   proper  scales, 

weights  and  .  •    4.  •    u 

measures,   weiglits  and  mcaKurcs  ;  and   to   appoint   weighers 

license  carts  ,  ^  •    i  i  •  r    a' 

wagons,  Ac.    ^md  measurers  to  weigh  and  measure  m  case  oi  dis- 
agreement  betwecen  buyer  and  seller  ;  to  license 
and  regulate  wagons,  carts  and   drays^    and   such 
hacks  and  carriages,  running  from  one  part  of  the 
said  city  to  another  part  for  hire  ;  and  generally  to 
TopasBiaws   pass   sucli   hy-laws  and  ordinances  not  contrary  to 
ry  tcT^tre   '^^■^^  Constitution  and  laws  of  this   State,    as   said 
andtawa'o°   ^ayor  and  Aldermen  shall  from  time  to  time  deem 
the  State.       necessary   and   proper  to  carry  into  effect  the  true 
intent  and  meaning  of  this  act,  and  the  same  to  en- 
A™^j '^°^   force,  alter  and  repeal. 

i8i3-  The  qualified  voters  for  Mayor  and  Aldermen  in 

the  city  of  Montgomery  shall  be  authorized  to  voto 

for  and  elect,  annually,  a  Clerk,  at  the  same  time, 

The    Clerk   and  under  the  same  regulations  which  are  now  pre- 

iected°by   sciibed   for   the  election  of  Mayor  and  Aldermen  : 

the  citizens.    Provided,  nevertheless,  that  tliG  CIcrk   so   elected, 

for   maladministration  in  o£lice_,  shall  be  subject  to 

removal  by  the  City  Council ;    and  all   vacancies 

The  Mayor  thus   created  shall  be  filled  by  the  City  Council. — 

'men  may   The  Said  Mayor  and  Aldermen  shall  have  power  to 

T?e^surer*  appoint  and  remove  at  pleasure  Treasurer  and  such 

Marshal,  &   n^imbev   of  Marshals   and   other   ofiicers   as   they 

such    other  '' 

officers  as  ^^^^y  deem  necessary  and  proper,  and  require  such 
cessary.  bond  and  security  as  they  may  deem  necessary,  and 
Fees  &  sal-  to  annex  such  fees  and  salaries  to  their  several  offi- 
°'"^^'  ces,  and  to  impose  such  fines  for  neglect  of  duty  in 

Neglect  of  office,    not  exceeding  one  hundred  dollars,  as  they 
duty  finable   j^r^j  Jcem  necessary  ;  the  said  Mayor   and   Alder- 
Finos  ^^^   ^^'*^  ^^^'^  empowered  to  lay  such  fines,  not  ex- 
ceeding fifty  dollars,  for  breach  or  breaches  of  their 
by-laws  and  ordinances,  as  they  may  deem  proper_, 
and  to  enforce  and  collect  the  same  in  such  manner 


Provi.so. 


as  may  bo  prescribed  by  ordinance,    by   cxecutiou   'p   onforcft 
ai;ainst   tlie   person  or  property,  or  committing  to    ti'-n  against 

the     jjcrson 

jailj  as  tliey  may  deem  necessary  or  proper,  winch  or  property. 
fines  shall  be  appropriated  in  such  manner  as  the 
said  City  Council  may  prescribe  ;  Provided,  that 
this  act  and  all  the  by-laws,  and  ordinances  ol'  said 
city  shall  at  all  times  be  subject  to  revision  or  re- 
peal by  the  General  Assembly. 

Section  6. — And  he  it  Jurihcr  enacted,  That  the   To     assess 
said  Mayor  and  Aldermen,  sliall  have  power  and    taxes. 
authority  for  the  ordinary  current  expenses  of  said   Amended 
city,  to  assess,  levy  and  collect  annually,  a  tax  on   iXTsog'.^' 
real  estate,  not  exceeding  one-half  of  one  per  cent, 
on  the  cash  value  thereof,  and  no  more  in  any  one 
year,  and  the  City  Council  of  Montgomery  shall 
not  contract  any  debt  or  incur  any  liability  for,  or 
on  account  of  the  city  of  Montgomery,  which  is  not 
to  be  paid  out  of  the  ordinary  current  revenue  of 
the  year  in  which  said  debt  or  liability  is  contracted 
or  incurred,  and  any  such  debt  or  liability  attempt- 
ed to  be  contracted   or  incurred   by   the   said  City 
Council,  in   violation  of   the  foregoing  provisions 
shall  be  void,  as  against  the  city  of  Montgomery. 
The  ]\Iayor  and  Aldermen  shall  have  power   and 
authority  to  pass  laws  for  the  assessment,  levy,  and 
collection  of   taxes    not    exceeding   the  following 
rates : 

A  poll  tax,  not  exceeding  two   dollars  on  cacli    Poll  tax. 
white  male  inhabitant  above  twenty-one  years  of 
age  :  Provided,     lie  sliall  have  resided  in  said  city 
two  months  immediately  preceding  the  time   said 
tax  shall  be  levied  ;  on  each  slave  over  ten  and  un-   Tax    on 

.         __  ,  Blavop,    freo 

der  nity  years  of  age,  not  exceeding  one  dollar  ;  on    negro  o  r 
every  free  negro  or  mulatto,  who  shall  reside  in    carrlaRes', 
said  city,  not  exceeding  ten  dollars;  a  tax  on  all    In^'^^^ 
pleasure  carriages,  gigs,  chaira  and  sulkies,  not  ex- 


ceeding  one  per  cent  on  the  vahie  thereof;  on  every 
cart,  dray^  wagon  and  other  vehicle,  used  for  the 
transportation  of  goods  and  coinmodities  from  one 
part  of  said  city  to  another  for  hire,  a  tax  not  ex- 
tatfer^s^mer-   Ceeding  twenty  doUars  ;  on  every  retailer  of  spirit- 
chants  &c.     ■fjQiig  liquors,  a  tax  not  less  than  forty,  nor  more 
than  five  hundred  dollars  ;  on  every  vendor  of  goods, 
wares  and  merchandise,  drugs  and   medicines,   or 
either  of  them,  a  tax  not  exceeding  twenty-five  dol- 
lars per  annum  ;  on  all  goods  sold  at  auction,  a  tax 
not  exceeding  one   per  cent,  on  amount  of  sales,  or 
acTpeb!  25^  ^^^   exceeding   fifty  dollars   per    annum  ;  and   for 
1^60-  each  livery  or  sale  stable,  fifty  dollars  ;  lottery  offi- 

ces or  agencies  two  hundred  dollars  ;  insurance  offi- 
ces, foreign  or  otherwise,  fifty  dollars  ;  free  banks 
or  bank  agencies,  one  hundred  dollars  ;  negro  tra- 
ders or  brokers,  one  hundred  dollars ;  all  per- 
sons buying  cotton  on  commission,  or  otherwise, 
Livery  sta-   tweuty-five  dollars  ;  hotels,  fifty  dollars  ;  theatres, 

ble,  Lotter-  •'  ... 

ies,  &c.  shows,  or  other  exhibitions,  five   dollars  for  each 

day's  performance  or  exhibition,  lectures  when  an 
admission  fee  is  charged  except  for  charitable  or 
benevolent  purposes,  five  dollars  for  each  lecture  ; 
circuses  for  each  day's  or  night's  performances, 
twenty  dollars  ;  peddlers,  thirty-five  dollars  ;  law- 
yers, doctors,  dentists,  and  daguerrian  artists,  five 
dollars  each;  billiard^  pool,  bagatelle,  or  other  tables 
kept  for  playing,  one  hundred  dollars  each  ;  ten  pin 
alleys  or  alleys  with  any  other  number  of  pins,  fifty 
dollars  ;  restaurants,  fifty  dollars  each  ;  concerts  for 
profit,  five  dollars  each  ;  auctioneers,  fifty  dollars  ; 
warehouses  for  the  storage  of  cotton,  one  hundred 
dollars  ;  public  scales,  twenty-five  dollars  each  ; 
furniture,  silver-plated  ware,  above  the  value  of  five 
hundred  dollars,  one-fourth  of  one  per  cent,  on  the 
value  thereof  ;  horses  and  mules  brought  to  market 


for  sale  by  other  persons  tliau  tlie  proprietors  of 
livory  stables,  one  dollar  for  eacli  ;  ])istol  galleries, 
jfifty   dollars;    gold    watches,    iifty    eents;    silver  ' 

watches  and  clocks,  thirty-five  cents  ;  gold  safety  or 
watch  chains,  thirty-five  cents  ;  companies  for  the 
manufacture  of  gas,  one  hundred  dollars  ;  inde- 
pendent of  the  value  of  tlieir  property  ;  steamboats 
lying  at  the  wharf  for  each  day  or  any  i^art  there- 
of, five  dollars. 

Section  7. — And  he   it  farther  enacted,  That  re-    i!'^<'aii''i-s  fo 

''  '  j)rocurc  1  i  - 

tailers  of  spirituous  liquors  who  may  procure  a  li-   i;<^nsp. 
cense  from  said  City  Council  of  Montgomery,  shall 
be  exonerated  from  paying  anything  to  the  county    p^V  y    ^n  <> 
of  Montgomery  for  the  privilege  of  retailing  in  the    ''"""*y  ^'*-^- 
city  aforesaid. 

To  cxcrci.*© 

Section  8. — And  be  if  further  enacted,  That  the    i.ovvcis     as 
said  Mayor  and  Aldermen  shall  be  ex-officio,  vested  {"he '^)'c'aco? 
with  and  may  exercise  in  said  city,  all  the  ]iowers 
and  authority  that  belong  to  Justices  of  the  Peace, 
by  the  laws   of  this   State,  and  the   said  Marshal    ronstabic, 
shall  be  ex-offieio.  Constable,  and  shall  be   vested 
with  and  exercise  all  the  powers   and  authority  of  • 

other  Constables  of  this  State  ;  and  th(fsaid  Mayor, 
Aldermen  and  Marshals,  shall  respectively  be  liable 
to  the  same  penalties  and  restri(;tions  as  are  impos-    niinii"  o'l.cv 
ed  by  the  laws  of  this  State,  upon  the  several  offices    ^^]^^^  \uu'Z 
with  which  they  are  invested  ;  and  tlu'   Sheriff  of  '"^"• 
said  county    of  Montgomery,    and    all   ministerial 
officers  shall  obey  the  said  May(»r    and   Aldermen, 
and  truly  and  faithfully  execute  the  warrants  and 
processes  committed  to  them  for  service^  according 
to  the  mandate  ;  and  it  is  made   the   duty  of  the  »• 

Jailor  of  8ai<l  countv  to  receive    all    |)risoners  com-   -THii-'v  sh.iii 

receive  i>ri«- 

mitted  by  warrants  of  tlic  said   Mayor    and  Alder-   •nors. 
men,  and  the  ])ersftn  "i-  ]H'rvnns  sm  i-ommittc*!.  ^afi*- 


10 


The  C  i  t  y 
Council 
may  meet  in 
the  Court 
House. 


]\Iayor  anil 
Aldermeu 
t  o  remain 
ill  office  un- 
til their  suc- 
cessors a  re 
ejualifiod. 


.Exempt 
from  work- 
ins;  on  roads 


A  me  n  d  e  d 
hv  act  Feb. 
7th,  ISOO. 

Streets  may 
be  Avidened 
and  extend- 
ed. 

Duty     o  f 
Mayor  in  ac- 
quiring use 
of  lands. 


]y  to  keep  contined  in  close  Jail  till  delivered  there- 
from by  due  course  of  law ;  and  the  said  City  Coun- 
cil are  hereby  authorized  to  hold  their  meetings  and 
to  keep  their  records  and  papers  in  any  room  in  the 
Court  House  of  said  county,  not  at  the  time  occu- 
pied by  the  county  or  any  of  the   county  officers. 

Section  9. — And  he  it  further  enacted,  That 
should  the  election  not  take  place  on  the  day  fixed 
for  the  annual  election  of  Mayor  and  Aldermen,  the 
corporation  shall  not  for  that  cause  be  dissolved_, 
but  the  incumbents  shall  remain  in  office  until 
their  successors  shall  be  elected  and  qualified  ;  and 
it  shall  be  the  duty  of  the  Mayor  and  Aldermen  to 
fix  some  day  as  early  as  convenient  within  one  month 
thereafter,  on  which  day  tlie  said  election  shall  be 
held. 

Section  10. — And  he  it  further  enacted,  That  the 
said  inhabitants  of  the  said  city  shall  be  exempted 
from  working  on  roads  and  highways  out  of  said 
city,  and  from  patrol  duty,  except  under  the  au- 
tiioiity  of  said  cit}^^  but  the  streets  and  highways 
in  said  city  shall  be  kept  in  repair  by  said  city ;  and 
the  City  Council  of  said  city  shall  have  authority 
to  alter,  widen,  or  extend  any  street  within  the 
limits  of  the  city,  whenever  in  their  judgment  the 
public  convenience  requires  it.  When  any  altera- 
tion of  a  street  is  determined  on  by  resolution  of 
the  City  Council,  the  Mayor  of  the  city  shall  en- 
deavor to  acquire  the  right  to  the  use  of  the  lands 
necessary  for  the  purpose  of  alteration  by  purchase 
or  gift  from  the|  i^roprietor  or  proprietors.  "When 
the  Mayor  cannot  obtain  the  lands  by  purchase  or 
otherwise,  or  when  the  proprietor  or  proprietors  of 
any  of  the  lands  necessary  for  the  proposed  altera- 
tions of  the  streets  shall  be  an  infant,  non  compos 
mentis,  non-resident,  or  person  unknown,  then  the 


11 

Mayor  shall  apply  to  the  Clerk  of  the  Circuit  Court 
for  a  writ  of  ad  quod  damnum,  to  be  directed  to  the 
Sheriff  of  Montgomery  county,    commanding  him 
to  summons  a  jury  of  seven  freeholders  of  the  county, 
not  resident  in  the   city  of  Montgomery  to  appear    shorifi'. 
before  the  Sheriff,  on  a  day  named  not  less  than  ten 
days  from  the  date  of  the  writ,  and  to  proceed  un- 
der his  direction,  after  being  sworn  impartially  to 
discharge   their   duty,    to  assess  the  value   of  the    y.^iup  ^f 
lands  of  such  proprietor  named  in  the  ap])lieation    ^''"'^  assess- 
for  the  writ,  and  in  the  writ,  which  shall  state  the 
lands  required  for  use  as  part  of  the  street,  and  tlic 
names  of  the  owners  respectively,  and  the  said  jury 
shall,  after  viewinir  the  premises,  render  a  verdict    y''''''<'  "  ^ 

'  o  1  ^  .Tui-y    Id    bo 

which  may  be  done  by  a  majority  ;  which  verdict  ie<M.r.i.-.i. 
shall  be  endorsed  on  the  writ  by  them,  and  shall 
assess  the  damages  to  each  proprietor  severally,  and 
the  Sheriff  shall  thereupon  return  the  writ  so  en- 
dorsed to  the  Clerk  of  the  Circuit  Court,  and  the 
verdict  so  rendered  shall  be  entered  on  the  records 
of  the  Circuit  Court  at  the  next  term  of  the  Court  \„  ;i,,j„.ai 
after  its  return,  unless  an  appeal  sliall  have  beefi  j^'^  '"'  '^''" 
taken  in  the  manner  prescribed  in  the  next  section. 
On  the  return  of  the  verdict,  and  the  payment  to 
the  Clerk  of  the  damages  assessed  the  land  so  as- 
sessed shall  enure  to  the  public  use  as  part  of  the 
streets  unless  the  City  Council,  or  some  proprietor 
or  propritors  shall  within  thirty  days  take  an  a})- 
peal  to  the  Circuit  Courts  and  on  such  an  appeal 
being  taken  the  matter  shall  be  tried  in  the  Circuit 
Court  de  novo.  On  the  suing  out  of  the  writ  the 
Mayor  shall  pay  to  the  Clerk  of  the  Circuit  Court   Tho  Mayor 

p  ,     .  must     )iav 

two  dollars  for  his  fees  ;  two  dollars  for  each  juror,    fee.--,  .tc 
and  four  dollars  for  the  Sheriff. 

And  all  male  citizens   over  eighteen  ^and  under    citizcuf^iia- 
forty- five  years  of  age  shall  be  liable  to  patrol  duty, 
and  to  serve  as  guard  or  watch  at  such   times,  and 


loini 

<IlllV. 


12 

in  such  manner  as  may  be  prescribed  by  the  said 
City  Coimci]. 

Section  11. — -And  be  it  further  enacted,  That  all 
Pro])erty  property,  claims  and  demands  of  whatsoever  de- 
scription belonging  to  the  town  of  Montgomery, 
shall  be  vested  in  the  cit}^  of  Montgomery,  and  all 
debts,  contracts  and  liabilities  owning  or  incurred 
bv  said  town  shall  be  good   and  enforced  a2;ainst 

said  city  ;  and  the  corporation  of  said  town  shall 
and  may  subsist  as  long  as  necessary  for  enforcing 
and  collecting  all  claims  and  dues,  or  the  same  may 
be  enforced  and  collected  by  said  city. 

Section  12. — And  he  it  further  enacted.  That  it 
ty  &Q.  ^ ' "     shall  be  the  duty  of  the  Mayor  to  preside  and  keep 
order  at  all  meeting  of  the  Mayor  and  Aldermen  ; 
he  shall  call  meetings  of  the  Aldermen  whenever 
in  his  opinion  the  interest  of  the  said  city  may  re- 
quire it ;  he  shall   keep  an  office  in  said  city  and 
]iear  and  determine  upon  all  causes  for  breach  of 
the  ordinances  and  by-laws,  and  shall  receive  such 
fees  and  salary  as  may  be  prescribed  by  the  City 
Council  ;  in  the  absence  or  inability  of  the  Mayor,, 
the  Aldermen  shall  appoint  one  of  their  own  num- 
tem^^o-^^'^'    ber  Mayor  pro  tempore,   who  shall   discharge  the 
duties  of  Mayor  till  the  Mayor  returns  or  his  ina- 
bility is  removed.     Each  of  the  Aldermen  may  also 
may  ^^  hear   hear  and  determine  causes  for  breach  of  the  by- 
iniie  cases!    ^^^^^  ^^<^  Ordinances  ;  two  Aldermen  may  call  a 
(Quorum  for    meeting;  the  Mayor  and  three  Aldermen,  or  four 

iloing  bnsi-       .  .  .  t     ■,•,   n 

ness.  Aldermen,  shall  lorm  a  quorum. 

Section  13. — And  he  it  further  enacted,  That  the 

said  City  Council  may  cause  an  assessment  of  taxes 

to  be  made  in  each  and  every  year  by  some  proper 

Assessment    ''^^^  ^*  person  or  pcrsous ;  the  assessment  naming 

of  taxes.        ^i^g  person  liable  to  such  taxes  when  known,  and 

specifying  the    property  when   the    owner  i.s  not 


18 

known,  Aviiic'h  assessment  shall  be  returned  to  the 

Mayor  to  he  laid  before  the  Mayor  and  Aldermen, 

and  the  Mayor  shall  cause  at  least  ten  davs  public 

notice  that  assessment  Jias  been  made,  and  the  time    cause     ten 

Avhen  the  Mayor  and  Aldermen  will  proceed  to  hear    t,,' bo  given. 

and  determine  upon  all  complaints  which  may  be 

made  against  such  assessment,  and  it  shall  be  their 

duty  to  correct  errors  and  supply  omissions  •  and 

•^  \'-    "  *  Correct  er'- 

when  the  same  has  been  passed  upon  by  said  City  ors  and  sup- 
Council,  the  said  assessment  shall  have  the  force  sionsiutax- 
aud  effect  of  a  judgment  and  execution,  and  may 
be  collected  by  levy  and  sale  of  property,  on  giving 
such  notice  as  is  required  by  law  on  executions  from 
the  Circuit  Court,  and  where  no  property  to  be  found 
is  returned  upon  said  assessment,  the  Mayor  may    Mayor  may 

*'      issue  capias 

issue  a  capias  ad  satisfaciendum  ;  and  all  sales  of  ad  satisfaci- 
property  made  under  or  by  virtue  of  such  assess- 
ment shall  convey  to  the  purchaser  the  same  title 
as  if  sold  by  execution  from  the  Circuit  Court ;  and 
the  collector  of  said  city  shall,  in  case  of  sale  of 
real  estate,  give  the  purchaser  a  deed  of  conveyance, 
which  shall  vest  in  the  purchaser  the  same  interest 
that  the  person  had|against  whom  such  tax  was  as-  estate  sold 
sessed  at  the  time  of  such  assessment,  and  where 
the  owner  is  not  known,  the  entire  equitable  and 
legal  interest  in  such  real  estate  discharged  of  all 
liens  :  Provided,  That  where  a  tax  is  assessed  upon 
property,  the  owners  of  which  are  not  known, 
ninety  days'  notice  of  the  sale,  specifying  the  prop- 
erty and  the  tax,  shall  be  given  in  some  newspaper 
printed  in  said  city  : 

And  provided,  That  the  duties  required  of  the 
said  Mayor  and  Aldermen,  except  giving  notice  and 
issuing  capias  ad  satisfaciendum,  may  be  devolved 
upon  a  l)f>ard  of  assessors,  and  the  assessments  ap- 


for  taxes. 


14 

proved  by  them  shall  have  the  same  force  and  effect 

as  if  approved  by  the  Mayor  and  Aldermen. 

by"ac?Feb.       SECTION  U.—And  be  it  further  enacted,  That  the 

25, 18G0.        ^Q^[([  Qiiy  (jouncil  is  hereby  authorised  and  empow- 

The      city   ercd  to  pass  laws  for  the  sale  of  the  real  estate  in 

shall     have         .  ,      .         ^  i       i  i  •  ^  i 

authority  to   said  City  lor  taxes,  whether  the  said  real  estate  be. 
tate  for  tax-   longs  to  resident  or  non-resident,  owners  or  to  per- 
Owner  mav    ^^^^  unknown,  and  to  authorize  the  sale  of  any  on© 
redeem.         jgt  or  subdivision  of  lot,  if  seperately  assessed,  and 
that  the  owner  or  any  one  for  him  be  allowed  to  re- 
deem at  any  time  within  two  years  from  the  sale  on 
paying  to  the  purchaser  or  the  City   Treasurer  for 
him  four  times  the  amount  of  the  taxes,  costs  and 
expenses  paid  by  the  purchaser,  and  interest  at  the 
rate  ot  20  per  cent,  per  annum  on  the  surplus,  and 
that  surplus   over  and  above   the  amount   of  the 
taxes,  interest,  costs  and  expenses,  be  paid  into  the 
du[y'^^""^^^   city  Treasury,  to  be  kept  by  the  Treasurer  for  the 
owner,    upon   the  responsibility   of  his  bond,  and 
that   interest   shall  be  collected,  and  the  taxes  as- 
sessed from  the  first  day  of  December  next  after  the 
assessment,  if  not  paid  by  that  day,  and  that  where 
any  lot  or  part  of  a  lot  has  been  assessed  to  an  un- 
known owner,  the  assessment  shall  be  prima  facie 
ci'i  mayp"ur-  evidence  of  the   fact ;  and  that   the    City   Council 
eSte  llil   "^^J^  V  its  agent,  purchase  real  estate   sold   for 
lor  taxes.       taxcs ;  the  deed  for  the  same  may  be  made  to  the 
Mayor  of  said  city,  to  be  held  by  him  for  said  city^ 
which  may  be  redeemed  as  other  lands  sold  for  taxes 
Duty   of   as  aforesaid,  and  when   redeemed   the  Mayor  shall 
Mayor.  rc-couvey  to  the  owner. 

Section  15. — And  he  it  further  enacted,  That  the 

said  "City  Council  of  Montgomery"  shall  have  full 

T  o  ordain   power  and  authority  to  make,  ordain  and  enact  such 

laws  iiot con-  ;[g^^g  g^^j  refiTulations  (not  contrary  to  the  constitu- 

trary  to  con-  "  ^  i        i  j 

stitution  and  tiou  and  laAvs  of  this  State)  as  may  be  deemed  nec- 
sta\e.      "^   essary  in  relation  to  the  streets  and  highways,  pub- 


15 

lie  buildings  Jind  powder  magazine,  and  every  other 
matter  and  thing  whicli  they  may  deem  necessary 
for  the  good  order  and  welfare  of  said  city. 

Section  10. — And  he  it  farther  enacted,  Tliat  all 
laws  and  parts  of  laws  that  may  contravene  this  act 
be  and  the  same  are  hereby  repealed,  except  so  liopoaiim 
much  of  any  law  heretofore  passed  as  may  be  nec- 
essary to  carry  out  and  complete  any  contract  witli 
or  act  of  the  said  town  Council  of  Montgomery,  as^ 
may  now  be  incomplete  or  unsettled. 


i^N"    A.CT 

To  Amend  the  Charter  of  the  City  of  Montgomery. 

Section  1. — Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alahama,  in  Gener- 
al Assemhhj  convened — 

That  the  City  Council  of  Montgomery  be  and  the 
same  is  hereby  authorized  to  raise  a  sum  of  money  ^ 
not  exceeding  seventy-five  thousand  dollars  by  the  authorize 4 
sale  of  the  bonds  of  said  city  for  that  amount,  in 
sums  of  one  hundred  dollars  each,  or  upwards,  l)ear- 
ing  such  a  rate  of  interest  and  redeemable  at  such 
times  and  places  as  said  corporation  may  designate. 

Section  2. — And  he  it  farther  enacted,  That  the 
said  corporation  be  and  tlie  same  is  hereby  author- 
ized  to  pledge  or  mortgagje  the  real  estate  belong-   I'ropertv  of 

i-         ^  G    o  o       corporation 

ing  to  the  said  corporatioa,  and  the  rents  and  prof-   <f>  be  picdg- 

its  thereof,  for  the  payment  of  the  principal  and  in-   mcni. 

terest  of  said  bonds,  and  to  assess  such  a  tax  upon 

the   real  estate  witliin  the  corporate  limits  of  said 

city  of  Montgomery  as  shall  be  fully  ade(]^uate   to 

the  payment  of  the  interest  and  for  a  sinking  fund 

for  the  payment  of  the  principal  of  said  debt. 


16 

Sectio:s  o.— And  he  il  further  enacted,  That   the 
Tf  bondh?i-    l'iolclei;s    of  said  Ijoncls  shall  not  be  renuircd  to  iii- 
ders.     «       quire  into  the  use  or  application   of    the   sums   of 
money   that   shall   be  raised  by  the  sale  of,  or  ad- 
vanced upon,  said  bonds,  but  that  said  holders  shall 
be  entitled  against  said  corporation  to  all  the   ad- 
vantages of  the  holders  of  foreign  bills  of  exchange. 
Approved  Februarv  2,  1840. 


To  Repeal  An  Act  imposing  restrictions  on  the 
City  Council  of  the  city  of  Montgomery,  and  for 
other  purposes. 

Section  1, — Be  it  enacted  hy  the  Seriate  and  House 
of  Representatives  of  the  Stcde  of  Alabama^  in 
General  Assenilhj  convened — 

That  An  Act  imposing  restrictions  upon  the  City 
Repeal.         Couucil  of  thc  city  of  Mongomery,  approved  on  the 
third  of  January,  A.  D.  eighteen  hundred  and  for- 
ty-five, be  and  is  hereby  repeal. 

Section  2. — And  he  it  further  enacted,  That  the 
•City  Council  of  Montgomery  shall,  from  and  after 
the  passage  of  this  Act,  have  full  power  to  collect, 
demand  and  receive  of  and  from  the  owners  or  con- 
signees of  all  goods  which  shall  be  landed  on  or 
shipped  from  the  Montgomery  city  Avharf  or  wharfs, 
landing  or  landings,  such  Avharfage  as  said  Council 
shall,  irm  time  to  time,  deem  necessary  and  prop- 
er, not  exceeding  the  following  rates,  to-wit :  For 
each  bale  of  cotton,  eight  cents  ;  for  each  barrel 
wiiarfs.  "  five  cents  ;  for  each  sack  of  coffee,  salt,  or  grain, 
three  cents  ;    for   each    hogshead   or  pipe,  twenty 


Rates  wharf- 
age at  city 


17 

cents  ;  for  eacli  hundred  weiglit  of  iron,  or  other 
metal,  two  and  a  half  cents  ;  for  all  boxes,  pack- 
ages, and  merchandise,  by  measurement,  one  cent 
per  square  foot ;  for  each  buggy  or  sulky,  seventy- 
five  cents  ;  for  each  carriage,  one  dollar  ;  for  each 
thousand  feet  of  lumber,  fifty  cents ;  for  each  horse 
or  cow,  ten  cents  ;  for  each  sheep  or  hog,  two  and 
a  half  cents  ;  for  all  steamboats,  not  exceeding  two 
dollars  per  day,  and  all  barges  or  flat  boats,  one 
dollar  per  day  they  sliall  remain  at  said  wluirfs  or 
landings. 

Section  3. — And  he  it  further  enacted,  That  the   Location  of 
said   city   wharfs   or   landings  shall  be  located  by   '*^''^'^^"^'^^- 
said  City  Council  on  any  lands  belonging   to   said 
City  Council  on  the  Eastern  bank  of  tlic  Alabama 
river,  within  the  corporate  limits  of  said  city,  pub- 
lic grounds  or  streets  on  said  bank. 

Section  A.— And  he  it  further  enacted,  That  Flem-  f^'tenac.L '' 
ing  Freeman,  his  executors  or  assigns,  shall  have 
full  power  to  collect,  demand  and  receive  of  and 
from  owners  and  consignees  of  goods  and  merchan- 
dise which  shall  be  landed  or  shipped  from  lots 
numbered  one,  two  and  three,  in  square  thirty-five, 
on  Lafayette  street,  and  lot  numbered  nine,  on  Ful- 
ton street,  the  same  rates  of  wharfage  that  are  al- 
lowed by  the  second  section  of  tliis  act,  or  tliat  may 
be  assessed  by  the  City  Council,  and  by  them  re-  * 
ceived  on  the  city  wharf  aforesaid  ;  Provided,  that 
said  Fleming  Freeman  be  tlio  houa  fde  owner  of 
the  aforesaid  lots. 

Section  5. — And  he  it  further  enacted,  That 
Charles  T.  Pollard,  and  his  associates,  owners  of 
the  Montgomery  and  West  Point  Railroad  dei)ot 
wharf,  in  the  city  of  Montgomery,  be  and  they  are 
hereby  entitled  to  the  immunities  and  privileges  of 
the  preceding  section  of  this  act. 

^  Section  6. — And  he  it  further  enacted,  That  noth-   tiouof  act 
ing  in  this  act  shall  be  construed  as  to  prejudice  the 

3 


18 

rights  of  Francis  M.  G-ilmer,  Jr.,  and  his  associ- 
ates, tontained  in  the  act  to  incorporate  the  Plan- 
ters' wharf  and  steamboat  company,  in  the  town  of 
Montgomery,  approved  January  the  sixteenth,  eigh- 
teen hundred  and  thirty-two. 

Section  7. — And  he  it  further  enacted,  That  all 
laws  in  any  way  contravening  this  act,  or  any  part 
thereof,  are  hereby  repealed. 

Approved  13th  January,  1846. 


To  Amend  an  Act  Incorporating  the  City  of  Mont- 
gomery, Approved  22d  December,  1837. 

!Section  1 . — Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alalama,  in  Gen- 
eral Assembly  convened — 
That  the  City  Council  of  Montgomery  be,  and  is 

hereby  empowered,  in  addition  to  the   powers   al- 

Certain  jww  ,     ,  .  ,  -,. 

ers  may  be  ready  Conferred  by  said  act,  to  pass  ordmances  or 
by-laws  to  regulate  the  erection  of  wooden  build- 
ings in  such  parts  of  said  city  as  in  the  opinion  of 
the  Council  the  public  good  may  require,  and  pass 
ordinances  for  the  punishment  of  such  as  may  in- 
jure or  deface  the  public  buildings  or  grounds. 
Approved,  February  26,  1848. 


exercised. 


19 
^N    A^CT 

To   authorize  Appeals  from  the    Decisions  of   the 
Mayor  and  Aldermen  of  the  city  of  Montgomei'y. 

Section  1. — Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama,  in  Gen- 
eral Assembly  convened — 

That  from  and  after  the  passage  of  tliis  Act,  an 
appeal  may  be  Lad  to  the  Circuit  Court  of  Mont- 
gomery county,  upon  all  judgments  rendered  by 
the  Mayor  and  Aldermen  of  tlie  city  of  Montgome- 
ry, in  like  manner  and  upon  the  same  terms  and 
conditions  as  now  prescribed  by  law  in  cases  of  aj)- 
peal  from  decisions  of  Justices  of  tlie  Peace. 

Approved  February  lOth,  1852. 


AN   ACT 

To  amend   the    City   Charter  of  Montgomery,  and 
for  other  purposes. 

Section  1. — Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama,  in  Gen- 
eral Assembly  convened — 

That  authority  is  given  to  tlie  city  of  Montgome- 
ry to  subscribe  for  five  thousand  sliares  ot  the  capi- 
tal stock  of  the  Alabama  and  Florida  Railroad 
Company,  and  to  issue  its  bonds,  and  deliver  the 
same  to  said  Company,  according  to  the  provisions 
of  an  ordinance  of  said  city,  passed  by  its  corporate 
authorities  on  the  20th  day  of  June,  1853  ;  and  the 
authority  to  pass  such  ordinances  is  hereby  legal- 
ized and  confirmed. 
Section  2. — And  be  it  further  enacted,  Tliat  the 


20' 

conditions  and  limitations  imposed  by  said  ordi- 
nance upon  sucli  subscription  may  be  cbanged,  al- 
tered, or  abrogated  by  the  corporate  authorities  of 
said  city,  with  the  consent  of  the  Alabama  and 
Florida  Railroad  Company  ;  and  authority  is  here- 
by given  to  the  corporate  authorities  of  said  city  to 
pledge  any  property,  or  the  rents  and  profits  of  the 
same,  belonging  to  said  city,  to  the  payment  of  its 
bonds  issued  in  payment  of  said  stock,  or  to  levy  a 
special  tax  on  the  real  estate  within  the  corporate 
limits  of  said  city  to  any  amount  the  corporate  au- 
thorities may  think  proper,  to  pay  the  interest  on 
said  bonds. 

Approved  February  15,  1854. 


A.N  A.OT 

To  Amend  the  Charter  of  the  City  of  Montgomery. 

Section  1. — Be  it  enacted  hy  the  Senate  and  House 
of  Representatives  of  the  State  of  Alabama,  in 
General  Assembly  convened — 

That  the  City  Council  of  Montgomery  be,  and 
Hmiscf  ieilr  the  same  is  hereby  authorized  to  extend  the  unpaid 
portion  of  the  debt  known  as  the  State  House  debt, 
created  under  authority  of  an  Act  of  the  Legisla- 
ture, approved  February  2nd,  1846,  either  by  a 
renewal  of  the  bonds  in  the  hands  of  the  present 
liolders,  or  by  the  sale  of  new  bonds,  in  lieu  of  the 
old  ;  said  renewed  debt  to  be  payable  in  not  less 
than  eight  nor  more  than  twelve  years  from  the 
maturity  of  the  present  outstanding  bonds,  to  bear 
not  exceeding  eight  per  cent,  interest,  and  to  be 
negotiated  at  rate  not  less  than   par,   and  in  the 


21 

event  of  the  sale  of  new  bonds,  the  proceeds  thereof 
shall  be  applied  to  the  payment  of  such  outstand- 
ing bonds,  and  no  other  purpose  whatever. 

Section  2. — And  he  it  further  enacted,  That  the 
income  accruing  from  the  Avharves  of  said  city  shall 
be  devoted  and  exclusively  applied  to  the  payment 
of  the  actual  debt  of  the  city  hitlierto  incurred,  and 
interest  thereon,  and  in  addition  tlicreto,  the  said 
City  Council  shall  liave  power  to  levy  and  collect 
an  annual  tax,  not  exceeding  one-fourth  of  one  per 
cent.,  on  the  value  of  the  real  estate  of  said  city, 
which  said  tax  and  wharf  income  shall  be  paid  to 
the  city  Treasurer,  to  be  by  him  applied  to  the  liqui- 
dation of  said  actual  city  debt  hitherto  incurred, 
and  interest  thereon,  and  no  other  purpose  Avhatso- 
ever  until  the  same  is  fully  paid. 

Section  3. — And  he  it  further  enacted,  That  for 
the  ordinary  current  expenses  of  said  city,  the  said 
City  Council  may  levy  and  collect  a  tax  on  real  es- 
tate not  exceeding  one-half  of  one  per  cent,  on  the 
cash  value  thereon,  and  no  more  in  any  one  year, 
and  it  shall  not  be  lawful  for  the  said  City  Council 
of  Montgomery  to  contract  any  debt,  or  incur  any 
liability  for,  on  account  of  said  city  of  Montgomery, 
which  is  not  to  be  paid  out  of  the  ordinary  current 
revenue  of  the  year  in  which  said  debt  or  liability 
is  contracted  or  incurred,  and  any  such  debt  or  lia- 
bility attempted  to  be  contracted  or  incurred  by 
said  City  Council  in  violation  of  the  foregoing  pro- 
visions shall  be  void  as  against  said  city  of  Mont- 
gomery. 
Approved  February  15,  1856. 


THE    CODE 


OF    THE 


CITY  OF  MONTGOMERY 


MEMBERS  OF  THE  CORPORATION  IN  1861. 


AlVDIi^E^W^  jr.  IVOBLE,  Mlayor. 


Ward  No.  1.  Ward  No.  4. 


GEORGE  M.  FIGH, 
E.  A.  JANNEY. 

Ward  No.  2. 
WALTER  C.  JACKSON, 
A.  HOWARD. 

Ward  No.  3. 
HUGH  W.  WATSON, 
WM.  C.  C.  FOSTER. 


JOHN  P.  DICKERSON, 
THOMAS  0.  GLASCOCK. 

Ward  No.  5. 
MARION  A.  CHISHOLM, 
WM.  A.  OGBOURNE. 

Ward  No.  6. 
JOHN  ERASER, 
GEORGE  R.  SAYRE. 


OFFICERS  OF  THE  CITY  FOR    1861. 


City  C^er/^— AUGUSTUS  UNDERWOOD. 

City  rreasMre/-— SAMUEL  LACY. 

Chief  EiKj.  of  the  Fire  Depart  .—J  AUES  P.  STOW. 

First  Asst.  Eng.  of  the  Fire  Dcp.— ALEX.  R.  BEI.L. 

Second  Asst.  Eng.  offheFireJDcjJ.—Ji^O.  13.  GARRETT. 

Ihird  Asst.  Enq.  of  the  Fire  Z>qx— FORT  HARGROVE, 

Wharfinger— mOYLAlXD  FRASIER. 

Clerk  of  the  J/ar/asme— FRANCIS  MONFEE. 

Clerk  of  the  iI/a?'A-e^— HUGH  McLEAN. 

Marshal— l^AKG  G.  MAXWELL. 

Deputy  Marshal— \N.  W.  BALL. 

Captain  of  Po^/cr— THOMAS  REED. 

6'ea;<on— NOAH  GREGORY. 


THE     CODE 


OF    THE 


CITY  OF  MONTGOMERY 


CHAPTER  I. 

GENERAL   PROVISIONS   APPLICABLE   TO   THIS   CODE. 

§  1. — Words  used  in  this    Code,  in  the  past  or    Words  used 

in  this  Code 

present  tense,  include  the  future  as  well  as  the  past 
and  present.  Words  used  in  the  masculine  rrender 
include  the  feminine  and  neuter  ;  the  singular  in- 
cludes the  plural,  and  the  plural  the  singular. 

§  2. — The    word    "property"    includes  property- 
real  and  personal.     The  words  "real  property"  are   fncTu'des 
co-extensive  with  lands,  tenements,  and   hcredita-   ^^\^  ^^^^ 

'  '  nnd  person- 

raents.     The  words  "personal   property"    include   m  property, 
money,    goods,   chattels,  things  in  action  and  evi- 
dences of  debt,  deeds  and  conveyances. 

§  3. — The    term     "negro"    includes    mulatto,    ^, 

•^  o  'The    term 

and   all   persons  of  mixed  blood,  descended  on  the    '•nosro-  in- 

*■  eludes    per- 

part  of  the  father  or  mother  from  negro   ancestors   sons  of  mix-. 

1         1  •    1  ••I'll  ^^    blood, 

to  the  third  generation  inclusive,  though  one  ances-   descended 
tor  of  each  generation  may  have  been  a  white  per-   amostors. 
son. 


28 
CHAPTEK  II. 


i% 


Any  person 
guilty  of  a^ 
affray  shall 
be  fined. 


Any  person 
committing 
,an    affra 
ji     and  using 
stick,    shal! 
be  fined, 

Any  person 
using  fire- 
arms, or 
other  dead- 
f  1 y  weapons 
-^  shall  be 
fined. 

Any  person 
committing 
an  assault 
and  battery. 


An  assault 
Avith  a  stick 
o  r  weapon 
not  likely  to 
cause  death 


A  n  assault 
with  fire- 
arms or 
deadly  wea- 
pons. 

An  assault 
and  battery 
upon     a 
slave. 


A  n  assault 
uponaslave 
with  deadly 
weapon. s 


AFFRAYS^  ASSAULT  AND  BATTERY,  ARRESTS,  AND  APPEALS. 

§  4. — Eveiy  person  who  sh<all  be  guilty  of  au 
affray  in  whicli  neither  a  stick  nor  a  weapon  is  used, 
shall  be  fined  five  dollars  ;  and  in  default  of  pay- 
ment thereof,  shall  be  imprisoned  not  exceeding 
twenty  days. 

§  5. — Any  person  committing  an  affray,  and 
using  a  stick,  or  other  weapon,  shall  be  fined  twenty 
dollars,  and  on  failing  to  pay  the  fine,  may  be  im- 
irisoned  not  exceeding  thirty  days. 

§  6. — Every  person  using  fire-arms,  or  other 
deadly  weapon  in  an  affray,  shall  be  fined  fifty  dol- 
lars, and  on  failing  to  pay  the  fine,  shall  be  impris- 
oned not  exceeding  sixty  days. 

§  7. — Any  person  who  shall  commit  an  assault 
and  battery  upon  a  white  person,  shall  be  fined. not 
less  than  five  nor  more  than  twenty-five  dollars. 

§  8. — Any  person  who  shall  commit  an  assault 
and  battery  upon  a  white  person  with  a  stick,  or 
any  weapon  not  likely  to  cause  death,  shall  be 
fined  not  less  than  twenty,  nor  more  than  fifty  dol- 
lars. 

§  9. — Every  person  who  shall  commit  an  assault 
with  firearms,  or  other  deadly  weapons,  shall  be 
fined  fifty  dollars. 

§  10. — Any  person  who  shall  commit  an  assault 
and  battery  upon  a  slave,  within  the  limits  of  the 
city,  shall,  upon  the  complaint  of  the  master,  his 
agent,  or  any  one  controlling  sucli  slave,  be  fined 
not  more  than  ten  dollars. 

§  11. — Any  person  who  shall  commit  an  assault 
upon  a  slave,  with  a  deadly  weapon,  shall  be  fined 
not  less  than  twenty,  nor  more  than  fifty  dollars. 


29 

A.      ■  1  a  V© 


§  12.  A  slave,  who  shall  commit  an  assault  or  ^omralttins 
an  assault  and  battery  upon  a  white  person,  shall  »»  assault 
be  punished  by  any  number  of  stripes  not   exceed-    -white   per- 


son. 


ing  one  hundred. 

§  IH. — A  slave,  who  shall  commit  an  assault  and  gaiuy.ofan 

battery  on  a  slave  or  free  negro,  shall  upon  convic-  o,^^^a ^siave 

tion  before  the  Mayor  or  an  Alderman,  receive  not  <""  ^'■®®  "^' 

•^  '  gro. 

exceeding  fifty  stripes. 

A  free  negro 

§  14. — Any  free  negro,  who  shall  commit  an  who  shall 
assault  and  battery  upon  a  slave,  shall  be  fined  ten  assault  and 
dollars,  or  be  punished  by  any  number  of  stripes,  „„  r^siavo 
not  exceeding  fifty,  according  to  the  discretion  of  ^^[",,1,0  ^''or 
the  Mayor  or  Alderman,  before  whom  the  case  may  ''"^*^- 
be  tried. 

§  15.' — Any  free  negro,  committing  an  assault  assaiTitl'^n^g 
and  battery  upon  a  free  negro,  shall  be  fined  ten  a'free^negJo^ 
dollars,  and  if  the  assault  be  made  with  a  deadly 
weapon,  such  free  negro  shall  be  fined  not  less  than 
twenty,  nor  more  than  fifty  dollars,  and  in  default 
of  the  payment  thereof,  shall  receive  not  exceeding 
one  hundred  stripes. 

§  16. — Any  free   negro,    committing  an  assault  upon  a  white 
and  battery  upon  a  white  person  shall  be  punished    Free^negro  ^ 
by  any  number  of  stripes  not  exceeding  one  hun- 
dred. 

§  1*7. — On  the  trial  of  a  person  for  an  assault  Evidence  of 
and  battery,  or  an  aftray,  he  or  she  may  prove  any  w^'o^ds  m  a"y 
opprobrious  language  or  abusive  epithets,  used  by  »^tr1aiforan 
the  person  assaulted  or  beaten,  at  or  near  the  time   ^''^ayor  an 

■^  '  assault  and 

of  the  assault  and  battery  or  afi'ray,  in  justification    battery, 
of  his  or  her  conduct ;    and  the  proof  of  abusive 
language  being  uttered,  may  or  may  not  be  a  de- 
fence to  the  charge,  according  to  the  judgment  of  the 
Mayor  or  Alderman  by  whom  the  case  may  be  tried. 

§  18. — Any  person  arrested  by  the  Marshal  or  p«r«oni 
policeman  for  the  violation  of  an  ordinance  of  the   Jfa'au"  b«  tt*^ 


3« 


ken  btfore 
the  May- 
or for  trial. 


May  give 
bond  condi- 
tioned to  ap- 
pear before 
the  Mayor 
at  a  specifi- 
ed time. 


A  person 
fail  i  n  g  t  o 
give  bond 
shall  be  im- 
prisoned un- 
til a  trial 
can  be  had. 


A  n  appeal 
may  be  ta- 
ken from 
the  decision 
of  the  May- 
or or  an  Al- 
derman to 
the  City 
Council. 


city,  shall  be  taken  forthwith  before  the  Mayor  or 
an  Alderman  for  trial,  unless  the  arrest  be  made 
at  a  time  when  a  trial  cannot  be  had.  In  such  a 
case  the  officer  shall  allow  the  person  arrested  a 
reasonable  time  to  give  a  bond  with  sufficient  sure- 
ties for  not  less  than  one  hundred,  nor  more  than 
two  hundred  dollars,  conditioned  for  his  or  her  ap- 
pearance before  the  Mayor  at  a  specified  time,  and 
for  the  pf.yment  of  all  fines  and  costs,  which  may 
be  imposed. 

§  19. — Any  person,  p.rrested  for  a  violation 
of  an  o:'d:!nf.nc3  of  the  city,  who  shall  fail  to  give 
the  bond  abcve  described,  shall  be  imprisoned  in  the 
guard-house  nntil  he  or  she  can  be  brought  before 
the  Mayor  or  r,n  Alderman  for  trial. 

§  20. — Ar.y  person  fined  or  imprisoned  by  the 
Mayor  or  aa  Alderman,  may  appeal  to  the  City 
Council,  but  siich  person  if  required  by  the  Mayor 
or  Alderman  shall  give  a  bond  with  sureties  for 
twice  i:i3  air-cunt  of  fine  and  costs,  conditioned  to 
pay  the  fine  Lnd  costs,  which  may  be  imposed  ac- 
cording to  Viie  ordinances  of  the  city. 


CHAPTER  III. 


ANIMALS    RUNNING  AT    LARGE     IN    THE    CITY — HORSES, 
I.':ULES,    CATTLE,    HOGS   AND   DOGS. 

^^nriira?       §  21.— /.il  cattle,  running  at  large  withinthefire 
b'e'feized''"   ^^*^-*^^  '^^  ^^'^  ^^*"3^'  between  the  fifteenth  day  of  Oc- 
tober, and  the   fifteenth  day  of  March,  shall  be 
seized  Lnd  sold. 

T  h  e  M  a  r- 

shai  tako       §  22. — The  Marshal  shall   take  up  and  confine 
running  at   all  Cattle  SO  running  at  large  in  the  city,  and  shall 


31 

advertise  them  forthwith  at  the  door  of  the  Court-   '^'"g**  a^a 

^  '  adTertise 

House,  at  the  Post-Oftice,  and  at  ths  li'arket-House,  them  for 
for  ten  successive  days  ;  such  advertisement  shall 
fully  describe  the  brand,  mark,  and  general  appear- 
ance of  the  cattle,  and  shall  sta':e  the  time  and 
place  of  sale.  If  the  cattle  advei'visec'.,  are  not 
claimed  before  the  expiration  cf  tea  cays,  or  at  the 
time  of  sale,  the  Marshal  shall  sell  them  singly  to 
the  highest  bidder,  for  cash,  p,nd  account  to  the 
City  Council  for  the  money. 

§  23. — Every    officer    of   the   city,    who    shall    No  officer  of 
bid  or  be  directly  or  indirecty  interested  in  any  pur-   bid*^at^such 
chase,  made  at  such  sale,  shall  be  lined  on  convic-   ^^  °' 
tion  before  the  Mayor  or  any  Alderman  in  the  sum 
of  twenty-five  dollars. 

§  24. — The  owner  or  the    owner's  agent,   who   The   owner 
may  claim  the  cattle,   taken  up  under  this  ordi-   ^ayreTe^ve 
nance,  upon  the  payment  of  fifty  cents  upon  each   ^^^*^™  "p*^"^ 
liead  for  the  use  of  the  city,  and  twenty-five  cents    cents. 
fjr  each  head,  for  every  day  they  were  fed  by  the 
city,  shall  receive  the  cattle  from  the  City   Mar- 
shal. 

§  25. — The    refusal    or  failuie  of  the  Marshal  The  Mar- 
to  deliver  the  cattle  upon  the  compliance  of  the  sinRtodeiiv- 
owncr  or  his  agent,  with  this  ordinance^  shall  be  gh^n^'b* 
punished  by  a  fine  of  not  less  than  ten  nor  more  i'"n'siied. 
than  fifty  dollars. 

§  26.     No  owner   of  hogs,    shall  permit  them  iio?^  shall 

to  run  at  large  within  the  limits  of  the  city,  under  largo  in  the 

city* 

the  penalty  of  having  them  seized  and  sold, 

§  27.— The  Marshal    shall    take  up  and  confine    I^^^Xllx 
hocrs,  running  at  large,  and    forthwitli    advertise   takcuphogs 

~   '  o  '-'    '  running  a  t 

them  at  the  Post-Officc,  and  at  the  Market-House,    large  and 

ad  ve  r  tiae 

for  six  successive  days,  describing  the  marks  and  them. 

,.     ,       ,  ,  i^-      •         ii      i-  ^f  any  per- 

appearance  ot  the  hogs,  and  mentioning  the  time   son  c  i  a  i  m 


32 


th«m       they 
■hall  be  sold 
to  the  high- 
est    bidder 
for  cash. 

„Any  ofiicer 
biddius;,  or 
being  inter- 
ested in  the 
purchase  of 
hogs  shall 
be  fined. 


The  Mar- 
shal shall 
deliver  the 
hogs  to  the 
owner  or  his 
agent. 


The  Mar- 
shal shall 
take  up  a 
horse  or 
mule  run- 
ning at 
large. 


After  a  no- 
tice of  ten 
days  the 
horse  or 
mule  shall 
be  sold. 


Any  person 
proving 
owners  h  i  p 
of  horse  or 
mule  shall 
receive  it. 


The  owner 
proving  ti- 
tle to  any 
horse  or 
mule  sold 
by  the  Mar 
shal,  shall 
receive  jiro 
0  e  e  d  s  of 
sale. 


and  place  of  sale,  and  if  no  person  shall  claim  the 
hogs,  the  Marshal  shall  sell  them  in  suitable  lots 
to  the  highest  bidder  for  cash,  and  account  to  the 
City  Council  for  the  money. 

§  28. — Any  officer  of  the  city,  who  shall  bid 
or  be  directly  or  indirectly  interested  in  any  pur- 
chase made  at  such  sale,  shall  be  fined^  on  convic- 
tion before  the  Mayor  or  an  Alderman  in  the  sum 
of  twenty-five  dollars. 

§  29. — The  Marshal,  upon  the  payment  by  the 
owner  or  his  agent  of  one  dollar  for  each  hog 
claimed,  shall  deliver  the  hog  or  hogs  to  the  owner 
or  his  agent,  and  shall  pay  the  money  so  collected  to 
the  City  Treasurer. 

§  30. — The  Marshal  shall  take  up  and  confine 
in  a  livery  stable,  any  horse  or  mule,  running  at 
large  in  the  city,  and  immediately  post  an  adver- 
tisement at  the  door  of  the  Court-House,  Post-Office 
and  Market,  containing  a  discription  of  the  animal 
and  stating  the  time  and  place  'of  sale,  and  shall 
notify  the  owner  if  known. 

§  31. — The  Marshal,  after  giving  notice  for 
ten  successive  days  as  aforesaid,  shall  sell  the  horse 
or  mule  at  the  time  and  place  appointed  to  the  high- 
est bidder  for  cash. 

§  32. — Any  person  claiming  such  property 
before  or  at  the  time  of  sale,  upon  proof  of  owner- 
ship, and  the  payment  of  one  dollar  to  the  City 
Treasurer^  and  all  reasonable  charges  for  the  sup- 
port of  the  animal,  shall  receive  it  from  the  Mar- 
shal. 

§  33. — Any  owner,  who  shall  prove  his  title 
to  any  horse  or  mule  within  one  year  from  the  sale 
thereof,  shall  receive  from  the  City  Treasury,  the 
amount  of  money  paid  in  as  the  proceeds  of  such 
sale. 


38 


§  34. — The  City  Marshal  shall  procuiv;  noat 
and  cheap  dog  collars,  Avhich  he  shall  sell  to  any 
white  person,  applying  to  him  for  such  a  collar  at 
the  price  which  was  paid  for  it,  and  the  Marshal 
shall  mark  the  number  of  the  collar  upon  it,  and 
register  the  name  of  the  purchaser,  for  which  he 
shall  he  j)aid  ten  cents. 

§  35. — Nothing  in  the  preceding  section  shall 
he  so  construed  as  to  })revent  the  owner  of  a  dog 
obtaining  a  collar  elsewhere,  Avhich  shall  be  num- 
bered, and  the  name  of  the  owner  registered  by  the 
Marshal  in  the  usual  way,  upon  the  receipt  of  ten 
cents. 

§  36.— The  Marshal  shall  kill  every  dog  Avith- 
out  a  collar  regularly  numbered,  wdiich  may  be  run- 
ning in  the  streets,  unless  it  be  under  the  manage- 
ment or  control  of  some  person  at  the  time. 

§  37. — The  Marshal  shall  not  sell,  give,  nor  in 
any  manner  dispose  of  a  dog  collar  to  a  slaA-e  or 
free  negro,  and  any  white  person  purchasing  a  col- 
lar for,  or  giving,  selling,  or  bartering  a  collar  to  a 
slave  or  free  negro,  shall  be  fined  ten  dollars. 

§  38. — Every  slave  who  shall  keep  a  dog  in 
the  city,  shall  receive  any  number  of  stripes  not  ex- 
ceeding thirty-nine,  unless  the  owner  of  the  slave 
will  pay  a  fine  of  five  dollars. 

§  39. — Every  free  negro  who  shall  keep  a  dog 
on  his  or  her  premises,  or  under  his  or  her  control 
in  the  city,  without  a  license  from  the  Mayor,  shall 
be  fined  five  dollars. 


The  City 
Mars  h  a  1 
shall  pro- 
cure d  o  j; 
collars,  and 
sicll  them  to 
any  ■whitf 
jiorsoii.    &r. 


Nothiii;:;  in 
forogo  i  n  u; 
section  shall 
pr  e  V  e  n  t  » 
person  fur- 
xii shins:  ;' 
collar.  &c. 


Any  <l  o  g 
running  in 
the  street 
aloue  with- 
out a  collar 
shall  he  kill 
cd. 


The  Mar- 
shal shall 
not  sell  or 
give  a  dog 
collar  to  a 
slave  or  free 
negro. 


A  Slav  c 
keeping  a 
dog  shall  1)0 
w  h  i  pij)od  . 
unless  ti)c 
owner  will 
pay  a  fine. 

Every  free 
negro  keep- 
ing a  dog 
without  a  li- 
ocnso  ?hnll 
o(»  fined. 


34 
CHAPTER   IV. 

ARTESIAN  AVELLS  AXD  BASIX BATHING  IN  ARTESIAN 

BASIN  OR  RIVER, 

Noj^crsuai        ^  ^-^- — ^^^"^^7  persoii   who   shall   wash  a  buggy, 
shall  wash    carriao'e,  omnibus,  or  other  vehicle,  or    Avash   any 

any  veliicle  07;  ;  j 

or  animal    animal  in  the  streets  of  the  city  within  fiftv  feet  ol 

near  the  ar- 
tesian wells    the  artesian  wells,  shall  be  fined  fi^^e  dollars. 

■^hau^throw        §  ^~- — ^'^''^^T    person    who     shall    throw    any- 
anythingin    thiuiT   iiito    the  artesian  basiu,  in  court  sciuare,  or 

the  artesion     _  -^      » 

basin,  Ac.  injure  the  artesian  wells  in  any  manner,  shall  be 
fined  five  dollars  for  the  first  offence,  and  ten  dol- 
lars for  every  subsequent  offence. 
No])ersoii  §  43. — Every  person  Avho  shall  bathe  in  the 
in"the  bashi  "-rtesiau  basin  at  any  time,  or  in  the  river  within 
orintheriv    ^^y^  jiunclred  yards  of  the  wliarves  or  ferries  in  the 

er    w  1 1  h  1  n  '' 

certain  lim-    limits  of  the  citv,  between  sun>»'se  and  dark,  shall 

Its.  -  '  ' 

be  fined  not  more  than  five  dollars. 
Slaves  via-       §  44. — Every   slave   wlio    sliall   violate  any  sec- 

lating     sec-       ,  ^     .  .       ,  ^  . 

tions  of  this   tioii  01  this  chapter  shall  receive  not  exceeding  thir- 
ished.  ty-nine  stripes^  unless  his  or  her  master  or  employer 

will  pay  a  fine  of  five  dollars. 
Free  uegru        §  45, — Any   free   negro    wlio    shall   violate  the 
the  forego'^    foregoing  sections  shall  receive  not  exceeding  fifty 
fi'ned^or  i'm-    h^shes,  or  be  fined  not  more  than  ten  dollars,  accor- 
prisoned.       Jing  to  the  discretion  of  tlie  Mayor  or  Aldermen, 

before  whom  the  accused  mav  be  carried. 


CHAPTER  V. 

•  BARBERS. 

Barbers  ,  n  a  t  •  -r>i 

sliall  not  §  46. — Any  person  keeping  open  a  ijarber 
iif'tordoven  shop  on  the  iSabbatli,  after*  eleven  o'clock,  A.  M., 
"'"'""'^'-  shall  be  fined  ten  dollars. 


35 

CHAPTER.  VI. 

r.URnLAKY    AND    LARCENY. 

J*  C  I*  S  0  II  .s 

§  47. — Every   person    who    sliall    be    convicted  ''ommittimr 

of  Lurgltary  or  larceny  sliull  lie  fined  not  less  than  i  a  i-  c  env 

five  nor  more  fifty  doHar.s.  ^I;;*'^ ''"  ^"- 

§  48. — Every   slave,    or    free    negro,  who   shall  slaves  or 

commit  hurglary  or  larceny,  shall  receive  not  ex-  s„iit,yof 

ceeding  fifty  lashes  on  the  hare  hack.  larcenyfic'. 

§  49. — Any    person    who  shall    buy,  receive,  or  •'•"'•i^ons  con 

1          T         1             •  sealing    or 

conceal  chattels  or  merchandise,  knowing  that  the  i-uyins  sto- 

same  had  been  stolen,  shall  be  fined  not  less  than  shaii1>o  nn. 
/'T  five  nor  more  than  fifty  dollars  ;  and  any  slave   or 
free  negro  violating  this  section,  shall  receive    not 
exceeding  fifty  stripes. 

§  50. — Every   person   who   shall    obtain  money  -^    person 

T             1        /•  1                                                  •  obtaining 

or   goods  under  lalse  pretences,  or  practise  a  fraud  soods   or 

:  '^-'upon  another,  shall  be  fined  not  less  than  five   nor  <Tcr''Vai"V 


more  than  fifty  dollars.  rlup.V  " 


CHAPTER  VII. 

CABS,  CARRIAOES,  HACKS  AND   OMNIBUSES,  CARTS,  DRAY.-^ 

AND  WAGONS.  * 

:§  51. — The   owner   of  a   cab,  cajria<jfe,  or  hack,    .,,  ^/C/i>^i^ 

,  '  -^    '  111,.    n\vn<»i-    C/A^* 

kept  for  hire,  shall  pay,  annually,  twenty-five  (hd-  ^r  any  cab  /i^m^  (^^ 

lars  for  a  license  for  each  vehicle  ;  any  person  fail-  I'miat   pro    /t 

ing  to  do  so,  shall  be  fined  ten  dollars,'  and  five  dol-  '''"■•"  ''''■''""'' 

lars   thereafter   for   every  day  this  section  shall  be  ivnaiiv; 
violated. 

§  52.— No   license  shall  bo    i.ssued    to  any  per-  JantforTi!' 

son  to  run  a  carriage,  hack,  dray,  wagon,  or  other  ^^",«<'  "''•''',' 
vehicle   for   hire,   unless  the  applicant  shall  make 
and  subscribe  an  oath  that  the  vehicle  for  which    a     ivoUiuiii. 


/ 


The  Clerk 
must  regis- 
ter lieeflse. 
No  license 
transferable 
without  eon 
sent  of  the 
Council. 


Peualtv. 


^. 


The  lamps 
of  ail  public 
vehicles 
must  have 
the  number 
of  the  vehi- 
cle painted 
on  them, 
and  must  be 
1  i  g  h  t  e  d 
from  dark 
till  morning 


The  rates 
which  hack 
men  may  be 
allowed  to 
charge. 


One  dollar 
an  hour  for 
the  use  of 
the  vehicle 
may  be 
charged. 


Persons  re- 
f using  to 
pay  the  dri- 


license  is  desired,  shall  be  used  for  his  sole  and  ex- 
clusive benefit,  so  long  as  the  license  remains  in  his 
name,  and  if  transferred  by  order  of  the  City  Coun- 
cil to  another  person,  the  transferree  shall  make 
and  subscribe  to  the  same  oath. 

§  53. — The  Clerk  of  the  city  shall  register  the 
name  of  the  owner  of  a  licensed  vehicle,  the  place 
of  his  residence,,  and  the  number  of  the  license  ; 
and  no  license  shall  be  transferred  without  the  con- 
sent of  the  City  Council  ;  and  any  person  violating 
this  section  shall  be  fined  not  less  than  five  nor 
more  than  twenty  dollars. 

§  54. — The  owner  of  a  public  vehicle,  shall 
have  its  number  painted  on  its  lamps,  in  figures 
not  less  than  three  inches  long,  so  as  to  be  easily 
seen,  and  while  on  the  streets,  the  lamps  of  such 
vehicles  must  be  lighted  from  dusk  until  morning ; 
and  any  person  failing  to  do  so,  shall  be  fined  ten 
dollars,  and  five  dollars  for  each  day  thereafter  the 
owner  shall  violate  this  section. 

§  55. — Hackmen  shall  not  charge  for  their 
services  more  than  the  following  rates,  viz  :  For 
carrying  a  passenger  to  any  place  within  the  city, 
twenty-five  cents  ;  for  a  passenger  with  baggage, 
not  exceeding  one  hundred  pounds  in  weight,  fifty 
cents,  and  for  each  additional  package,  ten  cents. 
After  ten  o'clock  at  night,  the  rates  above  mention- 
ed may  be  doubled,  except  against  passengers  to 
and  from  railroad  depots,  and  steamboat  landings. 

§  56. — The  owner  or  driver  of  a  licensed  ve- 
hicle, notwithstanding  the  rates  above  mentioned, 
m,ay,  upon  agreement,  charge  the  person  one  dollar 
an  hour  for  the  use  of  the  whole  vehicle. 

§  57. — Any  person  refusing  to  pay  the  owner 
or  driver  the  foregoing  rates  for  services  rendered, 


37 


shall  be  fined  not  less  than  two  nor  more  than  five 
dollars. 

§  58. — Any  white  driver,  who  shall  charge 
more  than  the  established  rates  shall  be  fined 
ten  dollars,  to  be  collected  from  the  driver,  owner^ 
or  agent  of  the  vehicle ;  and  any  slave  or  free  negro, 
who  shall  charge  more  than  the  foregoing  rates 
shall  receive  not  exceeding  thirty-nine  lashes  in 
addition" to  the  fine  imposed. 

§  59. — Any  owner,  agent,  or  driver  of  a  li- 
censed vehicle,  who  shall  refuse  to  carry  persons 
according  to  the  provisions  of  this  ordinance  shall 
be  fined  not  less  than  five,  nor  more  than  fifteen 
dollars  ,  and  if  tlie  driver  be  a  slave  or  free  negro, 
he  shall,  receive  not  exceeding  thirty-nine  stripes, 
in  addition  to  the  fine  imposed  on  such  owner  or 
agent. 

§  60. — Every  person  who  shall  hire  a  horse 
or  vehicle  of  any  kind  to  a  slave  or  free  negro  with- 
out a  written  permission  from  the  owner,  or  over- 
seer of  the  slave,  or  from  the  guardian  of  the  free 
negro,  or  shall  permit  such  slave  or  free  negro  to 
ride  in  any  vehicle  shall  be  fined  ten  dollars  ;  and 
if  the  driver  of  the  licensed  vehicle  so  hired  or 
used,  be  a  slave  or  free  negro,  he  shall  receive  not 
more  than  thirty-nine  stripes  in  addition  to  the 
fine  imposed  on  the  owner  or  agent  of  the  vehicle. 

§  61. — The  owner  or  driver  of  a  licensed  ve- 
hicle, who  shall  keep  it  on  the  streets  in  front 
of  a  dwelling  or  store,  against  the  consent  of  the 
owner  or  occupant  thereof,  shall  be  fined  not  less 
than  five,  nor  more  than  twenty  dollars,  and  if  the 
driver  be  a  slave  or  free  negro  he  shall  receive  not 
exceeding  thirty-nine  stripes. 

§  C2. — Every  driver  of  a  licensed  vehicle,  who 
shall  quarrel  or  be  guilty  of  noisy  and  disorderly 


ver  shall  be 
fined. 


A  white  dri- 
ver charg- 
ing more 
than  above 
rates  to  be 
fined,  and  a 
negro  d  ri- 
ver flogged. 


Any  driver 
refusing  t  o 
carry  p  as- 
sengers,  fin- 
ed, if  a  ne- 
gro driver, 
lie  shall  be 
Hogged. 


Any  person 
hi  ring  a 
horse  or  ve- 
hicle to  a 
slave  with- 
out permis- 
sion shall  be 
fined. 


N  o  driver 
shall  keep 
his  vehicle 
on  the  street 
in  front  of  a 
house  aga'st 
the  consent 
of  the  occu- 
pant. 


Any  driver 
guilty  of  dis- 
orderly con- 


38 

duct,  or  dri-   coDcluct '  Or  wlio  shall  drivG   against   or   interfere 

ving  agai'st        .  i  .   i  •  n     n    i        ^ 

other  vehi-  with  otlier  vehicles  or  animals,  shall  be  fined  not 
cd.  less  than  five,   nor  more  than  twenty  dollars ;  and 

if  such  driver  be  a  slave  or  free  negro,  he  shall  also 
receive  not  more  than  thirty-nine  lashes. 
of^'ifc'eS       §  63.— Every  driver  of  a  public  vehicle,    who 
vehicles   sliall  block  UD  a  street  or  thorou^^hfare,  or   who 

shall     not  ^  f.i.  ^  •  i 

ohstructthe    shall  Icavo  the   seat   of  his  vehicle,    or   be  distant 
leave'  their   from  his  horscs  heads  more  than  ten  feet  unless  en- 
horses,  Ac.     gaged  in   receiving   or     delivering    baggage,    for 
which  purpose  he  may  go  a  reasonable  distance,  and 
be  gone  a  reasonable  length  of  time,  shall  be  fined 
not  less  than   five,  nor   more  than  twenty  dollars, 
and  if  he  be  a  slave  or  free  negro,  he  shall  receive 
not  exceeding  thirty-nine  lashes,  in  addition  to  the 
fine  imposed  on  the  owner  or  agent. 
Drivers  shall      §  64. — Evcry  owner  or  driver  of  a  licensed  vehi- 

uot  mil  nor 

drive  at  a   cle,  wlio  sliall  lace  or  drive  at  a  speed  dangerous 

speed    dan- 
gerous to   to  persons   on   the  streets,  shall  be  fined   not  less 

the  citizen's,  than  ten,  nor  more  than  fifty  dollars,  and  if  the 
driver  be  a  slave  or  free  negro,  he  shall  receive  not 
exceeding  thirty-nine  stripes  in  addition  to  the  fine 
imposed  on  the  owner  or  agent. 

Drivers  of       §  65. — Every  driver  of   a   public  vehicle,  who, 

public  vehi-  .  i  •   i  /> 

cies  meet-  meeting  other  vehicles  of  any  kind,  shall  neglect 
must  drive  to  drivc  ou  the  right  side  of  the  street  or  thorough- 
to  the  right,    ^^^,g^  ^.f  .^  ^g  possible  to  do  so,)  shall  ^be  fined  five 

dollars,  and  any  slave  or  free   negro  violating  this 
section  shall  receive  not  more  than  twenty  lashes. 

§  66. — Every  driver  of  a  public  vehicle,  who 
shall  fail  to  stop  instantly  when  hailed  by  the  Mar- 
shal or  a  policeman,  shall  be  fined  five  dollars  i' and 
if  he  be  a  slave  or  free  negro  he  shall  receive  not 
exceeding  thirty-nine  stripes.  ) 

§  67. — Every  owner  or  driver  of  a  public  vehicle^ 
who  shall  nes;lect  to  have  the  sections  of  this  Code 


All   dri 

Ters 

upon  b 
hailedi 

fing 
by  a 

police  I 

aan 

must  s\ 

'.t  0  p 

instantly.  " 

Sections 

numbe 

red 

must 

be 

ii!i!iAl)oreil  litty-Jivo.  fi!ty-six,  ii(\v-.sov('n,  *  fii'ly- 
oiglit,  ami  ilt't-.y-nine,  Inin;^-!!])  in  some  conspicuous 
]ihice  inside  his  vcliicic  fit  all  timc^  wlioii  in  n'<'\ 
shall  bt?  fined  ten  doll.'irs. 

5  dS. — The  owner  u!  ;i  iiublie  omnibus,  shall 
pay  one  hundred  dollars  ibr  a  license  for  eacli  oniiii- 
hus,  drawn  by  four  horses,  and  fifty  dollars  for  a  li- 
cense for  each  omnibus,  drawn  by  two  horses;  and  the 
owners  and  drivers  shall  lie  governed  by  the  same 
rules,  and  be  subject  to  the  same  penalties  a3  the 
owners  mh.I  drivi'r<  of  lici'nsrd  can  !a."Ts.  cabs,  and 
hack^ 

§  0'.».— The  City  Olerk  siuiU  have  ihis  chapter  of 
the  City  Code  printed  in  a  pamphlet  form,  and 
shall  furnish-a  copy  of  it  ti>  every  owner  or  aj^ent 
oi'  any  licensed  vehicle.^ 

§  TO. — Every  person  who  shall  run  a  dray,  cart, 
wagon,  or  other  vehicle  of  like  kind,  without  ob- 
taining a  license,  for  v.bich  twenty  dollars  shall  be 
juiid,  if  the  vehicle  be  drawn  by  not  more  tlian  two 
animals,  or  thirty  dollars  if  it  bo  drawn  by  three, 
and  forty  dollars  if  it  be  drav>n  by  four  animals, 
shall  hi-  nil.',!   ten  dollars. 

i   1   .  City  Clerk,  upon  receiving  the  addi- 

tional .sum  of  t^vriity  cents,  shall  furnish  the  appli- 
cant witji  the  number  of  the  license  granted,  .stamp- 
ed or  M  int^d  .  n  1i:i.  which  shall  be  fastened   in  a 

11  s;  the  vehicle  licensed  ;  and  any 

dray,  (  i;  t,  -wagon  or  vehicle  of  like  kind  not  having 
in  its  number  aflixcd  to  it.  shall  Ir-  considered    •:;   ' 

diceiiscl. 

d  dray,  cart,  or 
wagou  wluLsc  driver  siiall  refuse  without  a  bufficicnt 
excuse,  b;jtween  the  hours  of  sunrise  and  sunset,  to 
carry  a  load  to  any  part  of  the  city,  shall   bo  fined 

uol  m  'Ve  1h.:M  \r-\  (hdlars. 


Jiiing  up  ill 
tlw.  voliiol.% 


'J"!io  o\vin.i> 
(if  omiiibua- 
■csmnstp.iy 
(or.  licenst- 
and  be  gov 
0  r  n  0  d  by 
.'•ame  rules 
ns  liccnsf.l 
hnolv-s.  .to. 


Tliisi'Iia'tdr 
111  u  3  t  h  (• 
printed  fo  r 
owners   of 


Draya,  curt.-, 
and  wagon < 
m  u  8  t  b  '• 
lioor.fed 


f 


The  Cicriv 
must  sloni]> 
Ihc  number 
of  11  c  c  n  SI' 
wliicli  niui?! 
bo  fasfcnod 
(o  vohii'I.  . 


Any  driver 
rcfilsing  t  o 
carry  load 

fliftll  I.o  Til- 
ed. 


-10 
Whiit   arti         s  7o.--r]io  ibllowiii^jr  tii'ticlcs  or  their  cMiuivalent. 

clcs  shall 

constitute  n    f?hall  be   considered  a  full  load,  viz  :   five  hundred 
feet  of  lumber,  or  one  hogshead  of  sugar,  molasses, 
tobacco,  coffee,  rice  or  liquor  ;  four  barrels  of  li(i[uor 
or  provisions,  three  barrels  of  molasses,  six  sacks  of 
NouucshiiU    salt  or  auv  other  article  not  exceeding  twelve  hun- 
than  forty    drod  pouuds  ;  and  any  person   hauling  a  load  in  a 
licensed  vehicle  of  any  kind  to  any  part  o\'  the  city. 
Avho  shall  charge  lucre  than  forty  cjnts  for  sue]!  ser- 
vice, shall  be  fined  iive  dollars. 
Ml  licLii^e-^        §  7'1.--A11    licenses,    granted    to    the  owners  of 
on  first,  (lay    c.irts,  dravs,  wagous.  or  other  vehicles,,  ot  the  kind, 
<'noii'yonr.'^  ,  shall  cxpirc  ou  thc  first  day  of  Marcii  of  each  year. 
But  the  City  Clerk  may  issue  such  a  license  at  any 
time,  and  cluu'ge  at  the  rate  above  stated. 

§  To. — Everv    white    driver  of  a    cart,    dray,  or 

lari?,  bus-    wagon,  who  shall  drive  faster  than  a  walk,  in  any 

fast,  f.'rhid-    of  the  strccts  of  thc  city  shall  be  fined  five  dollars, 

and  any  slave  or  free  negro  violating    this  section, 

sitall  receive  not  exceeding  thirty-nine  lashes. 

itiaiji-.r        J.  yjQ — Everv    person    who   shall    ride  or   drive 

driving  any  •'     •  .       i 

vehicle  fas-    through  tljc  strccts  or  public  grounds  o(  the  citv  at 

t  e  r    t  h  a  n  °  .  . 

eigiit  iriih^s  ;i,  gait  llister  tiian  eiglit  miles  and  houi',  unless  lie  1)e 
a  physician  or  going  fbr  a  physician,  shall  on  con- 
viction before  thc  Mayor  or  an  Alderman,  be  iincil 
iive  dollars  for  the  first,  «,)id  ten  dollars  fur  each 
subsequent  offence. 


iiti   hour. 


ClIATTEH  VI 1 1. 


ri'.METEKY    A\])     SKXTOX, 


.vil  ijer£ou:i  §  T7. — Any  person  who  shall  bury  a  corpse  with- 

?h"e°'city  in  the  limits  of  the  city,  except  in  the  cemetery, 

inustbcbu-  r^^^^  under  the  superintendence  of  the  sexton,  shall 

ncd  in   thc  ,    ^ 

-rnvo  yard.  l)o  fmcd  twciltv  dollars. 


II 

jj  T<>. — Kvcrv  iicrson  \v!io  shall  iniiuc  or  dostrov  ^'>    i"^'.-"" 

'    *       ^  ^  "  must  injuii- 

I  he  fence  ov  gates  of  the  <;'rave  A'ard,  or  tlie  tomhs,  or  dcstroy 

tlie  fence  of 

]ao!iUinents,  or  any  .strmtiiro  orectcd   to   enclose  or  die  Ccmcto- 

mark  :i  i^raNc.  sliall  Ik»  lined  not  exccnlin!::  lift v  dol-  ..»•  m  o  n  u- 

Jars.  .  '  "■^"•" 

!^   T'.'.^-Hverv    neison    who  shall  hieak.  rut.  diir  '^"l"- ^"<;t!»J< 

■'  '       •■  .  /        o  or  broakiuir 

n[),  or  destroy  a  tree,   sliruh,  or  flower,    upon    anv  «f-'^"yflow- 

'    _  _  ^  "  cr  or  slirul) 

hit  in  the  linr^'ing  gronnd,  nnless    it    lu'   owned  hy  roi-iii'Mon. 

snch  porson.  sliall   ho  fin(>i]  not  exc-'^eding  lifty    ilol- 

iars. 

§  80.  —  Any  slave  or  tVcc  nogm.  wlio  shall  violate  j- ,•  c  o  nco-v'. 

'ither  of  the  preceding   soetions.  shall   reeoivo   not  I  iJ  c  Voi-e'^o^- 

less  than  fiftv  stripes.  ;"S  seoiim,- 

§  81. — Any  person  who  shall  enclose  a  lot  in  the  No   per-oH 

11  J.      />  ii  1  •,!  .      .  Ill  u  s  t   0  n- 

•ild  part  ol  tlie  grave  yard,   without  the  perniission  dosoa  loi 

of  the  City   Council,  or    in    the    new  part  without  pavc^  yar'.i 

having  purchased  it  from    the    City  Connoil,  shall  ;'itS.  I,!';:' 
he  fined  twenty  dollars. 

<i  82. — The  City  Council    shall    anunallv  tket  a  ..-i      ,.  •  ■ 

'•ity  Sexton,  wlio  sliall  hold  his  ofnce   for  the   term  <'o"  nci'i 

„'  shall  elect  a 

'>l  one  yeai'.  scxton. 

§  So. — The  Sexton  shall  keep  a  map  of  (he  burv-  '"'"^   sexii.u 

ing    gr(»nnd  and  a  hook,  containing   the    name    of  nup  of  thv 

very  person  interre<l,  the  platx'  of  nativity,  the  age,  Jron'n'a  'an.f 

I  he  late  residence,  and  th(\liine  of  residence   in  the  \\''o"!]!:Z."S 

-ity.  and  tlie  cause  (d  ihe  <leath  of  the  deceased. 

^  SI.    -The  Scxton  shall    make    an    alphahetieai  "•    >'M'"' 

index  to    the  hook,  an<l  shall,  without  charge,  ex-  (ho  i.ook  i.. 

hihit  the  hook  and  map  to  any  iterson    ai)}dying   to  ""^  .i '  pin-",', 

him,  and  shall,    upon    the    request  of  such  ])er.Mm,  ","v,.  a"  ' 
point  (»ut  any  gra\e  in  the  Cemetery. 

§  85. — The  Sexlon  shall  dig,  or  su[)erintend  the  '"'"'  •"^"•M"" 

digging,  «d"  all  graves,  which  must  lionet  less  than  ?nten«i  ti/. 

live  feet  in  de^tth,  an  1   inlei-   nil    corpses  carried    to  .iiflrnv.-'.  ' 
the  ci(\'  ijravo-vard. 


4-2 

The  t;cxio;i        ^  S(;_ — The  feextoii  sliall  kcL'p  the  groiiiuls  iu  guod 

shall  keep  j.  ,r    •  /«      .     •      '      i       ■    ;j^.  , » it    .' ^  .■:'■'•  'i     i 

the  grounds    nvder,  and  the  fence  in  such  conaitiOD  as  to  cxcnulc 

('/evf"'"'  all  stock  :  an-l  shall  o))on  ami  close  tnc  c^afos  v,lion 

uec/ssai'v.  ■  -       !'> 

Tho  Sexton       R  8Y.— The  Sexton   shall  ixijorVSnbntTilv    in   Hie 

must    make  ''  .  ,^       ■*•  ,^, 

a   monthly   (-jjfy  O-umcJl  tho   ntTnily6l''i)r 'Tn#rii-i<^n'ts  i»V 

hini. 

shall  re-         ^  ^        .  c.  1  ^'    • 

(■civc   com-    jmd  interment  of  cva  adult,  the  Sexton  shall  receive 

pensation  ^■'  ,i   .1      r,    •   »  i 

lor  superin-   tlirce  dollars,  and  lor  a  person  under  twelve   years 

len  (1  i  n  s<  a        „  i     i  j^  j  i  •  - 

burial.   "  ot  age,  oiio  Jjalt  this  amount. 

.Vpaaper.  '    §  89.-^Tho  Sexton  shall  nothurya  i.auj-.. ,  .^i.r.\, 

iie«i?)°sban  or  fiee^n<?gr<5,  in  the  new  part  1  of  the'  gfaVe  yjti'd, 

notbeluri-  exceijt  on  tlio  margin  and  extreme  'Iforth  sicte    of 

0  a   in   the  ^  '^  .  ,,•..,.,      I 

isewpart  o!    the  onclosiirc.  ar,d;ili  strangers/ li:otXwnirig'"l'oT.s, 
yar<i,  .?.•.        shall  Uc  interred  only  on  t'.c  lots    included  between 
the  nnmhers  one  hundreil   and  I'urty-fnur   and    one 
Tho  ftcxioii    iiundred  and  sixty-five. 

uioJdinlS       §  90.— The  Sexton,  ncgkcUng  or  reiu.ing  toper- 
CC3  or  neg-   foj-m  ^i^y  dutics  pi'oscrihed,  or  violating  the  preced- 

lectingduty  "  '  ,      j       .  o  i 

shall  bofirt-    ing  sections  in  anv  raanner,  shall  ho  -fined  ten  dol' 

odor  (Up  -  ,  .        .  •  ,,  -  ■/       1 

miss.-.,].  Jars,  or  disni!  -■(:■!    liiw!  i:::!,-.  aimed 

and  dismissed,  according  to    the.  tli-  1    >A'  tho 

.,..,^       ,  .       ■/•  '     '..- -S   ]    '    '.s\t 

Upyli  Liic  re-  (    1  •"   '    '  ."'ifi  I 

fiignation  or  (    iw    '■•>.  ^                '■'•.      '.■!'■.'';    y^'^' 

removal   of  "  '    _,  '   the,  l'eni()\ -^ '  '    '    1'0>  I'iUation    01    tlLO 

;l  Soxtou   he  ^,        ,                      '-,  ■■'   I     '/                                                                         , 

must  deliv-    Noxion .  or  tac    ;tpj)Ointm':;r  ...le 


books,    Ac.,    ■  ^hall  deliver  t:^    i::-    .1  uuip  o^^^.tli^e 

hurvjug  gr( 
interments. 


io  Mnyr.r.       lj;[;-yj!vj;  o^roimdand  tlie  booic-  r  •;,,--  ;  ;■  Hie  list  of 


(  JiAi'Thii   J-\. 


(Jhimii  ey  s 
shall  not  be 
b  u  r  11  t  a  f 


§  92. — Every  owiiei'  nr  uccupaut  of  a  Jiousc.  whj> 
all  burn  its  chimncvs  between    tne'  hours   of  ."i 


sliall 


43 


o'clock,  P.  M.,  and  9  o'clock,  A.  M.,  unless  it  be 
raining  at  the  time,  shall  be  fined  five  dollars  for 
each  offence. 

§  93. — All  chimneys,  stoves,  furnaces,  or  other 
fire-places,  on  any  premises  liable  to  burn  and  en- 
danger the  property  adjoining,  are  hereby  declared 
to  be  nuisances  ;  and  the  owner  or  lessee  of  the 
premises  shall  repair  or  remove  such  chimney,  stove, 
or  furnace,  according  to  the  direction  of  the  City 
Council. 

§  94. — Any  person  neglecting,  beyond  a  reasona- 
ble time,  to  comply  with  the  order  of  the  City 
Council,  shall  be  fined  ten  dollars  for  each  day  such 
nuisance  may  continue. 


nightexcppt 
it  be  rainiug 


All  chim- 
neys, stoves 
<tc.,  liable 
to  burn  and 
en  d  an  ger 
property 
are  nnisan- 
ccs. 


Any  person 
n  eg  lecting 
to  abate  the 
nuisance  <to 
fined. 


CHAPTER  X. 


CITY   CLERK. 


§  95. — Before  the  City  Clerk  enters  upon  the  du- 
ties of  his  office,  he  shall  make  the  following  oath, 

or  affirmation,    viz  :    ''  I, ,   will   well   and 

truly  perform  all  the  duties  of  Clerk  of  the  City 
Council  of  Montgomery,  to  the  best  of  my  skill 
and  ability,  so  help  me  God."  He  shall  also  give 
bond,  with  sureties,  for  such  sum  as  the  City 
Council  may  from  time  to  time  direct  and  approve. 

§  96. — The  City  Clerk  shall  attend  every  meet- 
ing and  keep  the  minutes  of  its  proceedings  ;  he 
shall  record  in  a  book  all  transcripts,  accounts  of 
officers,  instruments  of  writing,  contracts  or  re- 
ports, which  may  be  ordered  by  the  City  Council  to 
be  recorded  ;  and  shall  take  charge  of  and  j)reserve 
the  books,  papers,  and  records  belonging  to  the 
city. 


The  City 
Clerk  must 
make  oath 
before  enter 
i  ng  upon 
discharge  of 
his  duty. 


Clerk  shall 
attend  meet 
ings  of  City 
Council 
keep  min- 
utes records 
transcripts, 
Ac. 


44 


Clerk  shall 
issue  every 
s  n  m  m  0  n  s 
and  process. 

Clerk  shall 
issue  war- 
rants upon 
the  Treasu- 
ry. 


The  Clerk 
shall  keep  a 
set  of  books. 


The  Clerk 
shall  deliv- 
er to  the  Ci- 
ty Treasur- 
er the  mon- 
ey in  his 
possession. 


The  Clerk 
shall  render 
an  account 
to  the  City 
Council. 


§  97. — The  Clerk  shall  issue  every  summons  and 
process  which  may  be  required  of  him,  for  the  just 
execution  of  the  laws  of  the  city. 

§  98. — The  Clerk,  under  the  direction  and  con- 
trol of  the  City  Council,  shall  issue  all  warrants 
upon  the  City  Treasury,  but  in  no  case  must  he 
issue  such  a  warrant,  unless  it  be  according  to  an 
order  J  made  in  open  Council,  by  the  Mayor  and  at 
least  six  Aldermen,  or  in  the  absence  of  the  Mayor, 
by  at  least  seven  Aldermen,  nor  for  any  other 
amount  than  that  contained  in  the  official  proceed- 
ings, signed  by  himself  and  the  Mayor.  The  Clerk 
shall  keep  an  account  of  all  warrants  issued  by 
him^  and  shall  record  the  date  and  number  of  the 
warrant,  and  the  amount  of  money  for  which  it  was 
issued,  to  whom  made  payable,  by  whom  it  was  re- 
ceived, and  take  a  receipt  from  the  person  to  whom 
it  was  paid. 

§  99. — The  Clerk  shall  open  a  set  of  books,  in 
which  he  shall  enter  all  appropriations  made  by 
the  City  Council,  and  keep  an  account  of  the  ex- 
penditures of  the  city. 

§  100. — At  the  end  of  each  month,  the  Clerk 
shall  deliver  to  the  Oity  Treasurer  all  the  money  in 
his  possession,  and  render  an  account  to  the  City 
Council,  at  its  first  meeting  in  every  month,  of  the 
money  received  and  paid  by  him  to  the  City  Treas- 
urer. The  account  must  contain  the  amount  of 
money,  the  day  on  which,  and  the  name  of  the  per- 
son from  whom,  it  was  received ;  and  also  must 
state  the  means  by  which  it  was  obtained,  whether 
by  fines,  taxes,  licenses,  or  otherwise  ;  and  such 
account,  after  being  examined  and  approved  by  the 
City  Council,  shall  be  recorded,  and  considered  to 
be  prima  facie  correct. 


45 
§  101.— The   Clerk   shall  receive  the  returns  of  The  cicrk 

*'  shall  receive 

the  taxes  of  all  persons  liahle  to  he  taxed  by  the   returns  of 
city,    and   for   this   purpose  he  shall  attend  at  his 
office  from  two  o'clock  till  five  o'clock,   P.    M._,   of 
every  day   from  the  first  to  the  twentieth  day  of 
March  of  each  year. 

§  102. — All  persons  shall  furnish  to  the  Clerk  a  must  fur- 
list  of  their  taxable  property  in  the  city,  and  make   "f ^their  ta'x- 

the  following  oath  or  affirmation,  viz  :    ''1, tv'A?!"''^*''" 

do  swear  or  affirm  that  the  list  I  have  rendered  to 
the  Clerk  includes  all  the  real  and  personal  prop- 
erty subject  to  taxation  in  the  city  of  Montgomery, 
which  I  have  in  my  possession  in  my  own  right,  or 
have  in  my  possession  or  control  belonging  to  any 
other  person,  so  help  me  God."  And  in  case  any 
person  shall  refuse  to  deliver  the  list  aforesaid,  the 
Clerk,  according  to  the  best  of  his  information, 
shall  make  out  a  list  of  the  taxable  property  owned 
by  sueh  person,  and  the  same  shall  be  doubly 
taxed ;  but,  before  doing  so,  the  Clerk  must  de- 
mand the  said  list  of  the  delinquent,  at  his  or  her 
residence,  or  leave  a  notice  for  him  or  her  to  fur- 
nish the  list  within  forty-eight  hours,  and  for  every 
such  visit  the  Clerk  shall  receive  from  the  tax  payer 
twenty  cents. 

The  Clerk 

§  103. — The  City  Clerk  shall  assess  and  collect  ghaii  assesi 
the  taxes  upon  all  personal  property  subject  to  taxa-  taxes.'^ic?''^ 
tion. 

The  Clerk 

§  104. — The   City  Clerk,  each  year,  befoie  com-   Bhaii  make 
mencing  the  assessment,  shall  prepare   an   alpha-   thcToteraof 
betical   list  of  the  voters  of  the  city,  who  voted  at  ^^^  '^^^'^• 
the  preceding  election,  and  arrange  the   names   in 
the   Wards   in  which  they  voted.     As  each  person 
whose  name  is  on  the  list  is  assessed,  he  shall  note 
it  opposite  to   the  name,  and  every  person  whose 


46 

name  is  not  on  the  list,  shall   be   added   thereto 

when  he  is  assessed. 
The  names       §  105. — The    Clerk   shall  carefully  examine  the 
sessed'at   names  of  the  persons  assessed  at   the  last   assess- 
ses^sirTent.^^     ment  of  taxes,  and  add  those  which  do  not  appear 

on  the  list,  so  that  each   years'   returns  of  persons 

assessed,   and   the  list   of  voters,  may  aid  him  in 

making  a  full  assessment. 

Alphabet!-       §  106. — The  Clerk  shall  also  make  an  alphabeti- 
cal digest  of 

the  returns   cal  digest  of  the  returns  of  taxable  property^   con- 
property,       taining  the  real  estate  of  each  individual,  and  lay 
it  before  the  City  Council  on  or  before  the  twentieth 
day  of  April  of  each  year,  and   the   Mayor   shall, 
forthwith,  deliver  the  said  schedule  to  the  assessors 
appointed  by  the  City  Council. 
What  the  /    §  107.— The  schedule  delivered  to  the  asscssois, 
livered  to'  shall  contain  the  names,  when  known,  of  the  per- 
ors  mTs't   '^oiis   liable  to  taxation,    and,    when  unknown,  it 
state.        I     shall  state  that  the  property  belongs  to  persons  un- 
1    known ;  and  after  the  property  mentioned   in   the 
•    schedule  shall  have  been  assessed,  and  the  assess- 
Clerk  must'^  ment  approved  by  the  City  Council,  the  Clerk  shall 
collect  the   collect  the  taxes  imposed,  on  or  before  the  first  day 

of  December  of  each  year. 
The  Clerk       §  108. — The   Clerk   shall  grant  the  licenses  re- 
iicensefn°-    quircd  by  the  city  laws,  in  every  instance  in  which 
nat,  ^Sy^^'   *^e  applicant  shall  comply  with  the  conditions  im- 
posed by  the  City  Council,  and  shall,  if  requested, 
issue  subpoenas  for  witnesses  in  all  cases  tried  before 
the  city  authorities. 


47 
CHAPTER  XI. 

DISORDERLY   CONDUCT. 

§  109. — Every  person,  who  shall  quarrel  in  a 
loud  tone,  or  use  profane  or  indecent  language  in  a 
public  place,  or  in  a  private  place  loud  enough  to 
be  heard  by  neighbors  ;  or  shall  act  in  an  indecent, 
riotous,  or  disorderly  manner  in  the  streets,  or  at 
any  place  in  the  city,  shall  be  fined  ten  dollars,  and 
may  at  the  discretion  of  the  Mayor  or  Alderman 
trying  the  case,  be  compelled  to  give  bond  with 
sureties,  in  any  sum  not  exceeding  five  hundred 
dollars  for  his  or  her  good  behavior  for  six  months. 

§  110. — Any  person,  who  shall  injure,  break 
down,  destroy,  or  carry  away  a  fence,  gate,  step  or 
door  of  a  house,  or  shall  take  down,  deface,  or  carry 
away  any  sign-board,  plate  or  card  which  indicates 
the  name,  occupation,  or  business  of  a  person  or 
shall  commit  any  like  offence,  shall  be  fined  ten 
dollars. 

§  111 . — Every  minor  or  apprentice,  who  shall  vio- 
late either  of  the  two  preceding  sections,  shall  be 
committed  to  prison  for  ten  days,  unless  the  parent, 
guardian,  master  or  mistress  of  such  minor  or  ap- 
prentice, will  pay  a  fine  of  ten  dollars  and  costs. 

§  112. — Every  person,  who  shall  maliciously 
kill,  cripple,  or  commit  any  act  of  cruelty,  on  a  do- 
mestic animal  in  the  city,  shall  be  fined  five  dollars. 

§  113. — Every  person,  who  shall  engage  in  cock- 
fighing,  or  in  making  dogs  or  other  animals  fight, 
in  the  city,  shall  be  fined  five  dollars  for  every  such 
offence. 

§  114. — Every  slave  who  shall  violate  either 
of  the  two  preceding  sections  shall  receive 
not  exceed  thirty- nine  lashes ,  and  every  free 
negro,  who  shall  violate  either  of  the  said 
sections   shall    receive   not  exceeding   thirty-nine 


2f  o  person 
shall  quar- 
rel loudly, 
or  use  pro- 
fane rr  in- 
decent lan- 
.i;uage,  or  act 
in  a  disor- 
derly man- 
ner.) 

B'ond    for 

good  behar- 

iour.      ,     ^„ 

'7    ir 


Persons  in- 
juring fen- 
ces, gates, 
Ac. 


A  minor  or 
apprentice 
vio  1  a  t  i  n  g 
jireced  i  n  g 
sections. 


Cruelty    t  o 
animals. 


Cock    figit- 
ing,  Ac. 


A  slaTe  o  r 
frto  negro 
riola  ting 
precedi  n  g 
Bcctions. 


48 

nine  stripes,  or  be  fined  ten  dollars  at  the   discre- 
tion of  the  Mayor  or  Alderman  trying  the  case. 
Drunken-    '   §  115, — Any  person  drunk,  and  lying  or  stag- 
punished.      gering  about  the  streets,  or  on  the  sidewalks  of  the 
i     city,  or  other  public  place,  shall  on   conviction  be- 
I     fore  the  Mayor  or  an  Alderman  be  fined  five  dol- 
\    lars  for  every  such  offence. 
All  gam-  '     §  116. — All  persons  who  shall  within  the  limits 
hiMte/ '^*^"    of  the  city  play  at  any  game  or  suffer  gaming  on 
their  premises  contrary  to  the  laws  of  the  State, 
shall  on  conviction  before  the  Mayor  or  an  Alder- 
"^'--juan  be  fined  fifty  dollars.       '  '')  <    -^- 
Personsgam       §  117. — Evciy  person  who    shall  play  at  any 
siavoorper-    game,  contrary  to  the  laws  of  the' State,  with  a 
si  aves  or   slave  or  free  negro,  or  shall  suffer  any  slave  or  free 
to^game^o^n   negro  to  play  at  a  game,,  or  bet  at  a  gaming  table, 
gg®''"P'"®™^"   or  to  wager  money  or  other  valuable  thing  contra- 
ry to  the  laws  of  the  State,  on  his  or  her  premises, 
or  on  any  premises  under  his  or  her  control,  shall 
on  conviction  be  fined  fifty  dollars  for  each  offence. 
The  inform-/     §  118. — One  half  of  the  fine   imposed   against 
ceive*^^  on|^   any  pcrson  for  the  violation  of  either  of  the  two  pre- 
haifthefi^e   ceding;  sections   shall  be  paid  to  the  informer,  and 

im.posed.|  o  j.  7 

if  there  be  no  informer,  then  it  shall  be  paid   to 
the  officer  making  the  arrest. 

jj.  t       §  119- — Every  person,  who  shall  keep  a  disorderly 

ill-fame.  I  house,  or  a  house  of  ill-fame  within  the  limits  of 
the  city,  shall  upon  conviction  before  the  Mayor  or 
an  Alderman  be  fined  in  the  sum  of  fifty  dollars, 
and  upon  failure  to  pay  the  fine  and  costs,  such 
person  shall  be  committed  to  jail  until  the  said  fine 
and  costs  are  paid,  but  in  no  case  shall  the  impris- 
onment exceed  sixty  days. 
Persons  con/  §  120. — Every  person,  who  shall  keep  a  house 
keephousea'  of  ill-fame  after  being  once  convicted  thereof,  for 
o  f  ill-fame   ^^^  ^^^  every  day  he  or  she  shall  continue  to  keep 


V 


49 

^^  siicli  a  house  of  ill-fomc,  shall  bo  fined  fifty  dollars,    ''la ' '    '^p 

ij  »  fined. 

l  J  and  upon  default  of  payment  thereof,  shall  be  com- 
mitted to  jail  until  said  fine  and  costs  are  paid,  but 
in  no  case  shall  the  imprisonment  exceed  sixty  days. 

.  Any    houso 

,        §  121. — Any  house,  inhabited   by  disorderly  or    inhahito<i 

11  />  1      1  •  b  J'     1  e  w  fl 

/    Jewd  women,  or  persons  ot  bad  reputation   as  to   women sh'ii 
chastity,  or  frequented  by  persons  for  the  purpose   edahoupr 
of  prostitution,  shall  he  considered  a   house  of  ill-   "^^  'H-fame 
fame,  and  all   aduUs  living  in  sucli  a  house  shall 
be  considered  the  keepers  thereof,   and  subject  to 
the  penalties    imposed  by  this    code  upon    such  an 
y       offence. 

—      §  122. — Any  person    liavin^    tlie   control   of  a    -'^"^  P*"^" 

.  ..  ..  .  rent  ingH 

dwelling  or  other  building  within  the  city  who  shall    imiMing  to 
rent  it,  or  permit  it  to  be  used  as  a  house  or  ill-   iiouseof  iii- 
fame,  shall  on  conviction  before  the  Mayor  or  an    bcTncd. " 
Alderman,  be  fined  fifty  dollars,  and  on  failing  to      ^  : 
pay  the  fine,  such  person   shall    be  committed  to  y  ^  / 
jail  until  the  fine  and  costs  are  paid,  but  in  no  case 
shall  the  imprisonment  exceed  sixty  days.         '  jS    '•' 
/     §  12-}. — Every  person  avIio  shall  interrupter  dis-    inter rupi- 

(     turb  any  assembly  convened  for  the  purpose  of  reli-   worship. 

\     gious  worship,  shall  be  fined  fifty  dollars  for  eacli  ^  ^ 
offence.  '  „„ 

ilie  projin- 

§  124. — Every  in-oprietor  of   a  i)ublic  house  of  ®*or  o'"  f> 

•^       .  .  public  house 

any  kind,  who  shall  permit  any  person  at  such  a   permitting 

T  11  •  n     -I  •!        <ii.«orde  rl  V 

house,  to  disturb  the  peace  or  quiet  ot  the  neigh-   conduoi. 
borhood  by  loud  singing  or  any  noisy  and  disorderly   cd. 
conduct,  shall  be  fined  ten  dollars. 

§  125. — Every  person  who  .shall  injure  or  deface  puVi'ic'bliiid 
any  public  building  by  cutting  or  breaking  or  draw-   '"s- 
ing  or  writing  upon  the  walls  thereof,  shall  on  con- 
viction be  fined  five  dollars  for  each  offence. 

§  126. — Everv  person,  who  shall   cut,  break,  or    Removing 

T/»  1  11  n         11-       I'll-  Irces.shrubK 

disfigure  the   walls   of  public  buildings,    or  cut,    Ac   from 
break  or  remove  trees,  shrubs,  grass,  gravel,  or  dirt,    grounds." 


/ 


r 


50 

from  the  public  g.Vound.s  shall  be  fined  five  dollars, 

for  each  offence. 
J.?i^erty'of       §  12Y.— Every  person  who  shall  break  the  lamps 
the  city.        Qj.  posts  of  auj  property  of  the  city,  or  shall  injure 

the  fences  enclosing  a  public  building,  shall  be  fined 

fire  dollars,  for  each  offence. 
Hitching  an/'    §  128. — Evcry  person,  wlio  shall  hitch  an  animal 

animal  to  a  i  t    i      -i  t  -in  i  i    i      •!  i 

public  build'  toapublic  DUilding,  or  to  the  fence  around  such  buud- 

intr or  fence.'   .  ,       ,^       ^  j_        "  ^i  -j  ^      ii  ^       n        i 

\  ing  or  to  the  lamp  posts  ot  the  city^  shall  be  fined 
\five  dollars./  /  C- 
Shooting   a  /   -s  129. — Every    person,  who  shall   shoot  or    dis- 

gun  or  pis-/  .        ,  i  •      i      />  n 

toi.  /  charge  a  gun,  pistol,  or  any  kind  of  fire-arms  within 

I  the  limits  of  the  city,  shall  be  fined  five  doUargg  /  ^ 
di'tf"' section^    §  ^^^ ■ — '^^^^  provisious  of  the  preceding  secffiou 
does  not  ap-/  gj^all  not  apply  to  persons  defending  themselves  or 

ply  to  Mill-/  i  i    .'  1  ^    ^  o       ^ 

tary  corpaj,    their  property,  nor  to  military  companies. 


CHAPTER  XII. 

EXCAVATION    OF    CELLARS,    &C. 

Excavation  §  1  ■">  1  • — Every  person,  who  shall  excavate  a  cel- 
'"osc"forbiri-  ^^^' >  ^^  *-^^»  ^"^^  ^^'^^  ^^^'  ^^^^  pi^i'posc  of  buildiug,  or 
den    in    f^j.  ^ny  other  purpose   during  the  months  of  July, 

months    of  *'  r       i  o  ^ 

Juiy.August,  August  or   September,    shall  be  lined  ten  dollars  ; 

ber.  '^  and  the  additional  sum  of  five  dollars  for  every  day 
after  conviction  sucli  jierson  shall  violate  this  sec- 
tion. 

S  132. — Anv  person,  who  shall  dig,  cut,  or  carry 

]S  0     person  "^  '     ^  ^  ^     o  7  j  j 

shall  d  1  g  away  any  part  of  the  banks  of  the  river,  or  commons, 
o  r  sireets"^,  or  streets,  or  dig  or  carry  away  dirt  from  any  land 
^^'  owned  by  the  city,  without  the  permission  of  the  City 

Council,  shall  be  fined  five  dollars. 
A  slave  or       §  133. — Any  slavc  or  free  negro,   violating  the 

free     negro     ,,  .  ,.  in  •  .  i  , 

violating   foregoing  section,  shall  receive  not  more  than  twen- 


51 

tv  lashes,  which  punishment  may  l)e  commuted  to    forcffoin 

,  .  spction. 

a  fine  of  not  move  than  ten  doUars,  according  to 
the  discretion  of  the  ])er.son  heforc  wliom  the  case 
may  he  tried. 


wlio  lectues 
or    give  ox- 


CHAPTER  XIII. 

EXHIBITIOXS,    l.ECTL'Rl'S,    ANT>   THEATRES. 

/          §   IS4. — Every  person  who  shall  lecture,  open  a  ah 
theatre,  or  give  a  concert  or  an  exhihition  of  any  kind 

for  money,  without  a  license  for  which  the  sum  of  '"'"t'^n  for 

five  dollars  shall  he  paid  for  each  day  or  niffht  such  o'^t^i'"  »  '•- 

V       exhihition  may  continue,  shall  he  fined  twenty  dol-  ^ 

"iais.  •<ii 

/       §  i:»5. — Every  jjcrson  who  shall  open  a  circus,  or    ci  reuses 

/  ,  ,,  .         .,  .   ,  ,.  p  1  •    1       and  men.is; 

/    a  show   ot    animals   without   a    license   tor  which  cries    must 

twenty  dollars  shall  he   paid,  for  each  performance  ^p!=.'^'" 
\     or  exhihition,  shall  he  fined  forty  dollars. 

^  136. — No  license  shall  he    required  to  exhihit  Kxiiibitimis 

^       _  .  .  <■'"•   <-li:irita- 

,       paintings,  statuary,  or  a  useful  invention,  or  tor    i.i-     i-urpu- 
an   exhibition    or  entertainment  intended  only  to 
promote  religious  or  charitable  objects. 

§  137. — The  Marshal  or  a  policeman,  shall  attend   '^^^^    ^^[^7,' 
all  exhitions  or  entertainments  free  of  charge,  and    ■'»",''."'!.."'  ' 

^    '  exhibitions. 

demand  the  liconsj   grantel  by  the  Clerk  ;  and  on   an.Momana 

°     .    .  ,  ,  ..  .    .  1  lirens-. 

failure  of  the  persons  giving  the  exhibition  to  show 
the  license,  the  Marshal  or  policeman  shall  arrest 
and  carry  such  jjcrsons  before  the  Mayoi-  or  an 
Alderman  for  trial. 

ij  138. —  TheCUerk  or  Marslial  or  policeman  fail-    '''''*/'';■''; 
ing  to  discharge  his  duties   as   above   ^ire.scribed.    laiiiug    t.. 

°  °  porforin  hi- 

shall  be  fined  ten  dollars.  inty  tine.i 


'v:' 


52 
CHAPTER  .XIV. 

FINES    AND   FEES. 

Persons  fail  /  §  139. — All  persoDS  failing  to  pay  the  fine  im- 
iiue  shin be^  posed  on  them  for  the  violation  of  a  law  of  the  city, 
imprJsoued|  ^^iaW  he  Committed  to  prison  until  the  fine  and 
costs  are  paid,  hut  in  no  case  shall  the  imprisonment 
xceed  sixty  days,  ^^c"  --t-'-'fO 
The  Maj'or       §  140. — The  Mayor  or  Alderman  hefore   whom 

or  Alderman  .  ,  .  •  /•  i 

riiayissu&'  the  casc  is  tried,  may  issue  an  execution  for  the 

i ion  for  thi   amount  of  fine  and  costs,  which  shall  he  levied  by 

me,    c.        ^j^^  Marshal,    on  any  property  helonging  to    the 

1    person   convicted  of   a    breach   of    a   lav/  of    the 

\cit.y. 

Property        R  141. — When  an  cxecution  is  Icvicd on  personal 

Jovied  on  to  . 

e  oil  ec  t  Of  j)roperty  to  enforce  the  payment  of  a  fine,  the  Mar- 

'   shal  shall  advertise  in  a  newspaper,  the   property. 

Real  estate   ^|^g  time  and  place  of  sale  for  at  least  ten  days  he- 

Jeviedon.    j  ^  "^ 

fore  such  sale  shall  he  made  ;  and  when  an  execu- 
i  \  tion  is  levied  on  real  estate,  the  Marshal  shall  in- 

\sert  such  an  advertisement  for  at  least  thirty  succes- 
sive days,  before  the  day  oi  sale. 
On  payment/     ^  142.— On  the  payment  of  the  fine  and  costs  by 

ot    lino,  the/        "^  ••     ''  ■  "^ 

Marshall/  any  pcrson,  the  Marshal  shall  mark  the  case  '^satis- 
the  docket,   fied"  on  the  docket,  and  if  required^  shall 'also  give 

"■ratified."    \  ,  i  •         ,i  '    . 

\  a  receij)t  to  the  person  making  the   payment. 
Compia,int  V  §  143. — Thc  Maj'or,  upon  the  complaint  of  a  citi- 
zen  that    a   person    has    violated  a   law    of    the 
city_,  shall  issue  a  summons  commanding  the  Mar- 
shal or  other  officer  to  arrest  the  accused,  and  to 
'      bring  him  or  her  before   the  Mayor  at  an  appoint- 
y     ed  time  to  answer  the  allegations  of  the  complaint, 
\  which  must  be  clearly  and  specifically  stated. 
— "^  teX^°y     §  144. — Any  person,  arrested  upon  the  complaint 
on    com/  of  another,  may  give  bond  for  not  less  than  one 
rnoth^r.irraV  huudrcd.  uor  uioro  than  twohundred  dollars,  for 


( 


53 

his  appearance  before  the  Mayor  at  the  appointed   ^^^^   ''""'^• 
time,  and  on  failure  to  do  so,  such  person  shall  bo 
committed  to  prison  until  the  case  can  be  tried. 

.  1    •  /•    -'^"y  person 

§  145. — Every  person  tried  on  the  complaint  of  convicted 
another,  and  convicted  of  having  broken  the  laws  ishcd:  if  ac- 
of  the  city  shall  be  punished  according  to  the  pro-  person  mak 
visions  of  the  law  violated,  but  if  he  or  she  '"Jnt^nust 
be  acquitted,  all  the  costs  of  the  case  shall  be  paid    I'^y  <=°^*''- 

Vby  the  person  making  the  complaint. 
/     §  146. — The  Marshal,  or  any  other  officer  of  the   siuii    shall 

/   city,  shall  summon  all  the  witnesses  whose  attend-   witnesses. 

/     ance  is  required,  at  any  trial  before  the  Mayor,  an 

i      Alderman,  or  the  City  Council. 

^    §  147. — Any  witness,  who,  without  a   sufficient    faufng'toat- 

/  excuse,  shall  fail  to  attend  at  tlie  time  stated  in  the    If(j"}|ncfi|^°'" 
summons,  shall  be  fined  ten  dollars,  and  on  failure 
to  pay  the  fine,   shall  be  committed  to  prison  not 
exceeding  ten  days. 

V,    §  148. — Any  person  summoned  as  a  witness  be-   ^"^y  person 

^^      ^  ''   ^  •        /-<  •!       refusing    to 

/  fore  the  Mayor,  an  Alderman,  or  the  City  Council,  testify  shall 
who  shall  refuse  to  answer  all  proper  questions,  onedl'"^'^'^ 
sliall  be  committed  to  jail  until  he  or  she  is  willing 

^  to  testify. 

•  •    1  1     /•  .1         The  costs  in 

§  140. — The  costs  in  every  case  tried  beiorc  the   every   case 
Mayor  or  an  Alderman,  shall  be  entered  upon  the    termed  on  the 
trial  docket,  and  collected  by    the   City    Marshal;    trial  docket, 
and  in  no  case  shall  the  Mayor  or  Marshal  be  enti- 
tled  to   any  fees,    unless   such  fees  arc  clearly  set 
down,  item  by  item,  on  the  docket. 

§  150.— The    Mayor  shall  be  entitled  to  the  fol-   t'^«  /«»  •^ 

•^ .  .     •'  ,  tho   Mayor. 

lowing  fees  herein  mentioned  : 

For  every  license  granted  by  him,  under  the  ordi-  CV 

nances  of  the  city, %\  00  »  ^ 

i  or  every  case  tried  before  him, 1  00  ^  •'^ 

For  every  excutioii  to  enforce  the  collection  of 

fines  or  taxes, 50 


54 

The  fees  of       X  151 — j^  every  case  tried  before  the  Mavor,  in 

the    Mayor,  ^^  "^  _  "       ' 

how  paid.       whicli  the  accused  shall  be  acquitted,  or  the  person 
convicted  shall  be  insolvent,    the   City   Treasurer, 
*  with   the  consent  of  the  City  Council,  shall  pay  to 

the  Mayor  the  fees  above  stated. 

The  fees  of       s  152. — The  Clerk  and  Marshal  shall  receive  the 

the  Clerk     .  Jl        .         , 
and   Mar-    loUowing  leCS  : 

The  Clerk,  for  every  license  issued  by  him,    unless 

otherwise  provided,  shall  be  paid $1  00 

For  levying  an  execution^ 100 

For  making  deed  to  real  estate,  sold  for  taxes,    2  00 

For  bill  of  sale  for  personal  property, 1  00 

For  issuing  subpoena  for  witness , 25 

The  Marshal  shall  receive  for  arresting  a  free 

person 2  00 

The  Marshal  shall  receive  for  arresting  a  slave    1  00 

For  summoning  each  witness, _    25 

For  taking  bond  of  any  person  arrested, 1  00 

But   in   no   case  shall  the  fees  above  mentioned  be 

If  the   per- 
son be  ac-   paid  to  the  Clerk  or  the  marshal,  if  the  person  tried 

quitted    or  ,  ^     .  .         .     .     .. 

insolvent   for  an  offcuce  be  acquitted,  or  being  convicted  shall 

the  fees  shall  n       •         i  , 

not  be  paid,   be  insolvent. 


CHAPTER  XV. 

THE  FIRE  DEPARTMENT — FIRE  LIMITS. 
The  organi- 

FiteDetln-       §  153.— The  Dexter  Fire  Company,  number  one  ; 

ment.  ^^ie  Alabama  Fire  Company,  number  two  ;  and  the 

Mechanics'  Hook  and  Ladder  Company,  number 
one,  and  such  other  companies  as  may  be  organized 
hereafter  and  received  into  the  Department  by  the 
City  Council,  shall  constitute,  and  be  known  as, 
the  Fire  Department  of  the  city  of  Montgomery. 


55 


§  154. — Tlie  Fire  Dcimrtment  shall  have  for  its   The  officers 

f  ,  /  .of  thp    Fire 

officers  one  Chief  Engineer   and   three   Assistant    Department 
Engineers,    who   shall   be  elected  in  the  month  of 
January  in  each  year,  and  hold  their  offices  for  the 
term  of  one  year,  and   until   their   successors   are 
chosen  and  qualified. 

§  155. — The  Chief  and  Assistant  Engineers  shall   Thcmodcof 

T    •         1        p  n         •  •  1     /-N  olcctiiif;  the 

be  elected  m  the  lollowing  manner,  viz:  eacli  Com-   chiof  and 
jiany,  composing  the  Department,  shall   nominate    Engineers. 
a   candidate   for   each   office,  and  the  City  Council 
shall  elect  from  the  persons  so  nominated,  and  the 
person  receiving  a  majority  of  the  votes  cast,  shall 
be  declared  elected. 


§  156. — Before  entering  upon  the  duties  of  their 
respective  offices,  the  Chief  Engineer,  and  each  As- 
sistant Engineer,  shall   make    the   following   oath 

before   the  Mayor:   "I, ,  do  solemnly  sAvear 

that  I  will  faithfully  observe  the  laws  of  the  State 
of  Alabama,  and  the  ordinances  of  the  city,  and  to 
the  best  of  my  ability  perform  the  duties  of  my 
office." 

§  15*7. — The  officers  of  the  Fire  Department,  or 
any  one  of  them,  may  be  removed  at  any  time  by 
the  City  Council. 

§  158. — If  a  vacancy  occurs  in  any  of  the  offices 
during  the  year,  the  Mayor  shall  notify  the  com- 
panies of  the  Department,  and  the  office  shall  be 
filled  in  the  same  manner  as  at  the  annual  elec- 
tion. 

§  151). — The  city  shall  be  divided  into  three  Dis- 
tricts as  follows  ;  District  number  one,  shall  be 
composed  of  wards,  one  and  two  ;  District  number 
two,  of  wards,  three  and  four  ;  District  number 
three,  of  wards,  five  and  six  ;  the  Assistant  Engi- 
neers shall  be  chosen,  one  from  each  District. 


The  onth  of 
the.  Chief 
E  n  g  i  n  e  er 
and  his  As- 
sistants. 


Tho  ofTicers 
may  bo  re- 
moved by 
the  Council. 


Vacancy  iu 
a  n  V  office 
shall  be  fill- 
ed as  at  the 
annual  elec 
tion. 


The  diviB 
ion    of   the 
city   into 
districts. 


66 

The  hat  of       §  1(30. — Each  of  the  Engineers  shall  wear  a  hat 

the    Engl-  ^ 

neers.  similar  in  form  to  that  now  worn  by  Engine  Com- 

panies one  and  two,  made  of  white  leather  with  a 
black  front,  and  having  their  respective  offices  mark- 
ed on  it ;  each  of  them  shall  also  carry  a  speaking 
trumpet. 
EnginelrJ  §  161.— The  Chief  Engineer  in  all  cases  of  fire, 
shall  con-   gi^a^  havc  solc  control  of  every  com^anv,  belons;- 

trol  the  com  *'  a.        ..  j  & 

panics  at   incr  to  the  Fire  Department,  and  of  all  the  ens-ines 

fires.  °  ^        .  * 

and  apparatus  belonging  thereto  ;  and  an}''  officer 
of  a  company,  refusing  or  neglecting  to  obey  a  law- 
ful order  of  said  Engineer,  ma)'  be  fined  in  a  sum 
feTusiug  ^to   DO^  exceeding  twenty-five  dollars  upon  conviction 
obey  him.      thereof,  before  the  Mayor  or  Alderman. 
All  white       ff    1(52. — All  white  persons  present  at  a  fire  shall 

persons  "^  ,    ^    ,  -^ 

when  called  give  aid  in  suppressing  it,  when  called  upon  to  do 
sist  in  ex-  SO,  by  any  officer  of  the  Fire  Department,  or  by  an 
a"fire^^hafi  officcr  of  a  Company  belonging  to  the  department ; 
^°  ^°-  and  any  one,  refusing  or  neglecting  to  render  such 

Penalty  for   assistance,  shall,  upon  conviction  thereof,  before  the 

Mayor  or  an  Alderman,  be  fined  not  more  than 
Negroes  re-  twenty  dollars  ;  and  any  negro  refusing  or  neglect- 
b^  whipped,   iiig  SO  to  do,  shall  receive  not  more  than  thirty-nine 

stripes. 
The  Engin-       s  163.— The  Chief  Engineer  and   the   assistant 

eers  shall  ^  ^     ^^     ^ 

be  Marshals  Engineers  at  fires,  shall   be  marshals  of  the  City, 

of  the  city.  ^    . 

ex-qfficio. 
Buiidingsor       c  ic4._To  prevent  the  spread  of  fire,  the  Chief 

fires  may  be  "^  J-  ^  ' 

blown  up   Engineer  upon  consultation   with   one   or  more  of 

or  removed      i        .       •  -n       • 

by  order  of  the  Assistaut  Engineers,  with  as  many  of  the  fore- 
neer.      °     nicu  of  the  Companies  as  practicable,  and  with  the 
Mayor,  if  he  be  present  or  near  the  place  of  fire, 
may  order  any  building  or  fence  to  be  blown  up  or 
Proviso.        otherwise  removed,  provided,  such   order  shall  re- 
ceive the  sanction  of  a  majority  of  those  consulted. 

Engineer       §  165 --—The  Chief  Engineer   shall  provide   for 


57 


Chief  Engi- 
necr  must 
report  num- 
ber of  fires, 
and  aiiiouiit 
of  properly 
(lestroved. 


Chief  Engi- 
neer must 


the  keeping:  of  the  a])paratns   of  the   companies  of  vide  An-'the 
this  Department   in  good   ordcr^  and  at  all  times    I'he'appara- 
ready  for  immediate  use.     But  in  discharging  this    *^"^'  '^'■■ 
duty,  he  sliall  not  contract  a  debt  to  he  paid  hy  the 
City  Council  for  the  repairs  of  the  aiiparatus,  or.  of 
the  huilding  in   which  it   is   kept,  exceeding  fifty 
dollars.     Any  repai  rs  which  require  a  larger  sum 
of  money  shall  be  referred  to  the  City  Council. 

§  166. — The  Chief  Engineer  shall  keep  a  correct 
account  of  the  fires,  and  alarms  of  fire,  their  cause^ 
and  the  amount  of  property  destroyed,  during  his 
term  of  office,  and  report  the  same  to  the  City  Coun- 
cil in  January  of  every  year. 

§  167. — The  Chief  Engineer  shall   make,  in  the 
month  of  January  of  every  year,   a  report  to  the   bor°o^fCon)- 
City  Council  of  the  number  of  companies,  belong-   a^uorofa"- 
ingto  the  department,  the  number  of  members  in    pajaius,  Ac. 
each  company,  and  the  condition  of  the  apparatus 
and  buildings  in  possession  of  the  companies,  togeth- 
er with  any  information  in  connection  with  his  office, 
which  maybe  beneficial  to  the  city  or  the  Department. 

§  168. — The  Chief  Engineer,  and  his  Assistants, 
shall  ascertain,  in  case  of  fire,  where  water  can  he 
obtained  for  the  use  of  the  engines,  and  inform  the 
foreman  of  each  company. 

§  169. — The  Assistant  Engineers  shall  convey 
the  orders  of  the  Chief  Engineer  to  the  officers  of 
the  diflferent  companies,  aid  in  the  proper  execu- 
tion of  them,  and  perform  all  other  duties  which 
he  may  require  of  them.  In  the  absence  of  the 
Chief  Engineer,  the  first  Assitant  Engineer,  and 
in  his  absence  the  second  Assistant  Engineer,  and 
in  his  absence  the  third  Assistant  Engineer,  and  in 
the  ahsence  of  all  the  Engineers,  the  Foreman  of  Engineer?. 
the  Company  first   arriving  at  the  fire,  shall  have 

8 


Chief  and 
Ass't.  Engi- 
neers must 
a  s  c  c  r  tain 
where  wa- 
ter may  I)c 
found. 

Duties  of  As- 
sistant En- 
cjiufers. 


I  n    the   ab- 
sence of  all 


58 

the    authority   and  perform   the   duties  of   Chief 
Engineer. 
Meetings  of       §  i^Q. — A  meetins'  shall  be  held,  at  least  once 

the    Engl-     ,  ^ 

neers  must    in  evcrj  three  months,  by  the  Chief  Engineer,  the 

be  held  eve-      .       •  t~,        •  t  •  /- 

rj  three        Assistant  Engineers,  and  two  representatives  from 

^°^    ^'       ^eac'ii  Company,  for   the  purpose  of  considering  the 

condition    of  the    Companies,  and   adopting   such 

measures  as  will  insure  the  greatest  efficiency  in  this 

Department. 

Fire  limits        §  i^i. — The  Fire  limits  of  the  city  of  Montgome- 

of  the  city.  ^  o 

ry  shall  be  McDonough  street,  on  the  east,  Wash- 
ington street   on  the   south   and   south-west,    the 
Alabama  river  on  the  west,  Madison   street  on  the 
north,  and  Coosa  street  on  the  north-west. 
No  wooden        §    1^2. — No    person    shall    build     any    wooden 
be  erected   house,    shed   or    other   structure  of  wood   Avithin 
t  erem.         ^j^^    above     described   fire    limits ;    and    any  per- 
son    so    doing,    shall    be    fined    ten    dollars   on 
Penalty.         conviction  thereof,  and  five   dollars   for  every  day 
thereafter  this  section  shall  be  violated  ;  Provided, 
a  reasonable  time   shall   have   been   allowed  for  a 
compliance  with  this  section. 
What  shall        §  173.— Every  building  which  shall  be   erected 

be  consider-  ''  J  & 

ed  a  wooden   with  iiiorc  wood  ou  its  outsidc  than  is  required,  for 

building.  _  ^  ' 

door  and  window  frames,  roof,  eaves,  cornices,  doors, 
shutters,  sash,  jjorticoes  and  steps  to  the  first  floor 
above  ground,  shall  be  considered  a  wooden  build- 
ing ;  and  all  having  a  wooden  frame  work  to  be 
covered  with  tin,  zinc  or  other  material  shall  be 
also  considered  wooden  buildings. 
iTun^dlncr'^  §  174. — No  person  shall  carry  any  wooden  build- 
outside  the   ing  outside  the  fire  limits  to   any  lot  within  them, 

fire  limits  °  . 

must  not  be   nor  move  any  wooden  building    within  the  fire  lim- 

Ciirricd,  witli- 

in  them        its  from  ouc  placc  to  another,  without  first  obtain- 

m'ission.Tc.    '^^^   ^he  pcimission  of  the  City  Council,    and   the 

consent  of  the   owners   of  the   adjoining  lots,  and 


59 

any  person,  who  shall  violate  this  section,  shall  be 
fined  ten  dollars,  and   five  dollars   for   every  day    ^'"^"^'^3'- 
thereafter  the  violation  of  this  section    shall  con- 
tinue. 

§  175. — Every   person,    who  shall,  without   the    No   person, 

•  witlioutcon- 

consent  of  the  City  Council  set  up  a  steam  engine,  sontofCoun- 

cil    i^liillsct 

a  foundry,  a  blacksmith  shop,   a  bakery,  an  cstab-    up'  a  foua- 
lishment  for  boiling  soap,  or  any  similar  establish-    ^  - ''  ^' 
raent,    in  any  building,  other  tlian  a  brick  build- 
ing, having  a  slate  or   metal    roof,    shall    bo  fined 
twcQty  dollars  for  every  day  tliis  section    shall    be 

•1.1  No  person, 

Violated.  ^vitiu-utcM.n- 

§  176.  —Any  person  who  shall  use  a  building  for    jr;;',;;^^  ^'^l 

a  plank  or  lumber  kiln  without  the  permission  of  tlie    '''^^ii  "sc  a 

/-H-  rs  •!         1       n    1         r>  1  in  l)Uildiug  for 

City  Council,  shall  be  fined  twenty  dollars.  lumber  idin 

§  177. — Every  person  who   shall  enlarge  or  ele-  sha'il'^en'- 

vate  a  wooden   building   of  any   kind   within    tlic  wooa,, ,f 

Fire    limits,  or  cover   the   roof  of    a   building  in  b'"i'i'"s  o'l 

'  ^  cover  a  roof 

the  Fire  [limits    with  any    material  other    than    ^^'^'^  fo'"- 
tin,  slate,  zink,  tile  or  some   incombustible  compo-    material  Ac 
sition  shall  be  fined  ten   dollars,  and   five   dollars 
for  everyday  thereafter  this  section  shall  be  viola- 
ted. 


CHAPTER  XVI. 

HEALTH,    HOSPITAL,    AND    CITY    PHASICIAN, 

§  178. — The   City   Council  sliall  appoint,  when    Hour.!  of 

.  .  Henllh     ea- 

necessary,  two  persons  from  each  ward  oi  the  city,    tahiishod. 
who,    with  the  Mayor,  shall  constitute  a  Board  of 
Health,  of  which  the  Mayor  shall  be  the  President. 
§   179.— The  Mayor,  as  the  President,  or  in  coni- 


The    Mayor 
nhall   in- 
■pect  all 

shall  inspect  all  lots,  and  cause  the  removal  of  any    '"i^.  vc. 


pany  with  other  meml)ors  of  the  Board  of  Healtli,    "''*''  "V, 

*^      •'  '     ipect  all 


Mayor  must 
examine  the 
condition  of 
tlie  city. 


During  epi- 
iloinics  the 
Mayor  must 
report  daily 


matter  on  such  lots  whicli  may  become  a  nuisance, 
or  have  a  tendency  to  injure  the  healtli  of  the  citi- 
zens. 

§  180. — The  Mayor  shall,  personally,  ascertain 
the  sanitary  condition  of  the  city,  and  report  at 
least  once  a  month  to  the  City  Council. 

§  181. — During  the  prevalence  of  epidemics,  the 
Mayor  shall,  as  the  President  of  the  Board  of 
Health,  make  daily  reports  of  the  health  of  the 
city,  for  the  truth  and  correctness  of  which  he  shall 
be  held  responsible  to  the  City  Council.  The  Presi- 
dent can  call  a  meeting  of  the  Board  of  Health, 
whenever  he  may  consider  it  necessary. 

^  182. — Every  owner  or  agent  or  occupant  of  any 
house,  yard  or  lot  in  the  city,  shall  keep  it  clean, 
and  not  permit  anything  calculated  to  generate  dis- 
ease to  remain  on  the  premises. 

§  183. — Every  person,  who   fails  or   refuses  to 

comply  with  the  orders  of  the   Mayor   or  Board  of 

of  "Board  of  Health,  shall  be  fined  on  conviction  thereof,  before 

Health    fm-  ■        t  n 

ed.  the    Mayor  or  an  Alderman,  m  the  sum  of  twenty 

dollars,  for  every  such  offence. 

Thomarshai/'    §  184. — The  Marshal  shall  execute  the  orders  of 

shall 
cute  the 
ders   of  t 
Board 


Every  own- 
er or  occu- 
pant must 
keep  their 
premises  in 
good  condi- 
tion. 

Persons  re- 
fusing to  o- 
boy  orders 


'^or/  the  Mayor  or  Board  of  Health,  and  the  cost  of  doing 
^...w.  of  I     '^°'  sball  be  taxed  against  the  owner  or  occuj)ant  of 
Health.     I    |.]^Q  premises,  and  shall   be  collected   by   the  mar- 
shal. 


Persons  ag- 
grieved by 
action  of 
Board  of 
Health  Juay 
appeal  to 
the  Council. 


§  185. — Every  person  aggrieved  by  the  action  of 
tlio  Mayor  or  the  Board  of  Health,  upon  notifying 
the  Mayor  in  writing  of  his  or  her  intention,  shall 
have  the  right  to  appeal  to  the  City  Council;  upon 
receiving  such  notice^  the  Mayor  shall  suspend  the 
proceedings  of  the  Board  of  Health,  until  the  cause 
is  heard  and  determined  bv  the  City  Council,  and 


61 


their  decision  shall  control  the  action  of  the  Mayor 
or  Board  of  Health  in  the  case. 

§  180. — The  marshal  and  every  niemher  of  the 
City  Police  in  addition  to  tlie  dnties  already  per- 
formed by  them,  shall  diligently  search  for,  and  re- 
port to  the  Mayor  anything  which  will  endanger 
the  p  ublic  health . 

(§  187. — Every  person  who  sluill  empty  upon  the 
side-walks,  or  streets,  or  into  the  ditches,  sewers  or 
drains  of  the  city,  any  feculent  matter,  filth  or  li- 
quid, emitting  a  noisome  odor,  or  injurious  to 
health,  shall  be  fined  five  dollars  for  each  offence. 
§  188. — Ever}'  owner,  overseer  or  manager  of  any 
slave,  afiiicted  with  the  small  pox,  who  shall  fail 
to  remove  such  slave  to  the  city  liospital  within 
twenty-four  hours  after  the  appearance  of  the  dis- 
ease, shall  on  conviction  before  the  Mayor  or  an  Al- 
derman, be  fined  fifty  dollars,  and  the  further  sum 
of  fifty  dollars  for  each  day  thereafter,  the  owner, 
manager,  or  overseer  shall  neglect  or  refuse  to  re- 
move the  diseased  slave  to  tlie  cit}^  liospital. 

§  189. — Upon  the  neglect  or  refusal  of  the  owner, 
manager  or  overseer  of  any  slave  diseased  with  the 
small  pox  to  remove  the  slave,  the  marshal  or  dep- 
uty marshal  shall  cause  the  slave  to  be  carried  to 
the  hospital  at  the  expense  ot  the  owner,  or  the 
person  controlling  tlie  slave. 

§  190. — Any  owner  or  manager  of  a  slave,  hav- 
ing the  small  jiox,  who  shall  fail  or  refuse  to  pay 
the  cost  of  removing  the  slave  to  tlie  city  hospital 
upon  the  re<|ucst  of  the  marshal,  shall  be  fined  ten 
dollars. 

§  191. — Any  physician,  having  a  patient  within 
ilie  limits  of  the  city,  afiiicted  with  tlie  small  pox, 
who  shall  fail  for  the  space  of  twenty-four  Ijours, 
to  report  the  name  and  residence  of  the  patient  to 


Tlic  duty  of 
the  marshal 
and  police- 
men. 


Filth  not  to 
be  emptied 
into  the 
streets. 


Penalty. 

Slaves  hav- 
ingthesmall 
pox  must  be 
removed  to 
tl)o  liospital 


Themarshal 
must  re- 
move slaves 
io  city  hos- 
pital wJien 
owner  fails 
to  do  so. 


Owner  fail- 
ing to  pay 
coiJtsof  such 
removal  fin- 
ed. 


r  hy  s  i  cian 
mu.st  report 
every  eaif 
of  small-pix 
under  his 
tre.itment 
in  till'  oitT. 


62 

the  jPresident   of  the  Board  of  Health,   shall   be 
fined  for  every  such  patient  the  sum  of  fifty  dol- 
lars. 
No  person       §  192.— No  person  shall  he  permitted  to  reside  in 

permitted  "  x  j. 

to  reside  in   the  City  Hospital,  nor  shall  any  one  be  maintained 

the  hospital       ^  j,^  I    i  ■  i  ^ 

at  the  expense   oi  the   city,  unless   such  person  be 
disqualified  by  disease  from  gaining  a  livelihood. 
No  person       §  193. — No  person    shall  be  admitted   into  the 

admitted  in-    t  •,    •,  •  ■, 

to  the  hos-  hospital  Without  a  written  certificate  irom  the 
ouf  eertifi-  ^^^J  plijsician,  Specifying  the  character  of  the 
cate  from      disease  ;  and  upon  the   presentation   of  the  certifi- 

city    physi-  '  ^  ^        ^ 

cian.  cate  the  steward   shall   receive  the  person  into  the 

hospital. 
Hospital       §  194. — The  Hospital  steward   shall   live  in  the 

steward,  . 

shall  live  in  hospital,  and  shall  take  charge  ot  all  the  lurniture, 
g^i®  ^®P'  ■  beds,  beddings  clothes  and  cooking  utensils,  and 
keep  them  clean  and  in  good  order,  and  subject  at 
all  times  to  the  inspection  of  the  Mayor,  Aldermen 
or  marshal.  The  steward  shall  also  keep  an  in- 
ventory of  all  articles  belonging  to  the  city,  in  his 
possession ;  and  shall  report  to  the  City  Council, 
all  the  stores  received  by  him  for  the  use  of  the 
hospital. 
Thesteward       §  195. — The  steward   shall  register  the  name  of 

shall   regis-       ,,  .        t    •    ,      n        i  •!    i       ,i     • 

ter  names  of  all  persous,  admitted  into  the  hospital,  their  na- 
their^agesf  ^^^^  placc,  sex_,  age,  occupation,  the  time  of  admis- 
^'^'  sion  to  the  hospital,  and  time  of  discharge  or  death. 

He  shall  nurse  the  patients,  provide,  and  prepare 
such  food  for  them  as  the  city   physician    may  pre- 
scribe. 
no°t  aVe^u°-       §  196.— No  pcrson  shall  be  permitted  to  remain 
lar  ^inmate   i^  or  about  the  hospital,  unless   lawfully  admitted 
main  about   as  a  patient,  nor  shall  any  person  remain  in   the 
hospital    after  being  discharged  by  the  city  physi- 
cian. 
Nointoiica-       §  197. — No  alcoholic  or   intoxicating  liquors  of 
must  be         any  description,  shall  be   carried   to   the  hospital 


63 

premiseSj   except  by    order    of   the    city    physi-   ^^P*-  ^'^"'l*' 
cian.  ''cs. 

S  198.— The   Steward   shall   keep    the   s^'o^nds   The  stew- 

^  .  /.  '^  ard    must 

around  the  hospital   iu  good  condition.     He  shall    keep  the 

...  grounds    in 

always  preserve   order  m  the    liospital,  anil  report   good  order, 
the  improper  conduct  of  patients  or   other  persons 
to  the  city  physician,  the  Mayor  or  marshal. 

§  199.— The   City  Council  shall  elect,  annually,    A^ityriiy- 

*'  *'  7^7     sician  shall 

a  Citv  Physician,  who  shall  hold  his  office  for  twelve   ^^  elected 

annually. 

months,  and  until  his  successor  is  chosen,  unless 
sooner  removed,  and  shall  receive  such  compensa- 
tion as  the  City  Council  may  appoint.  He  may  he 
removed  from  his  office  at  any  time  by  the  City 
Council  for  neglect  of  duty  or  improper  conduct. 
§  200. — The  City  Physician    shall   examine  all    The   duties 

.  »  ...  .  .  "f  the  City 

applicants  for  admission  into  the  city  hospital,  Physician, 
and  grant  certificates  to  such  as  may  he  worthy  to 
be  admitted.  He  shall  keep  a  register  of  the  names 
of  the  patients,  their  native  place,  sex,  age,  occu- 
pation, time  of  admission  and  time  of  discharge  or 
death,  and  shall  describe  the  disease  of  each  patient, 
its  nature,  progress  and  termination.  The  register 
kept,  shall  be  subject  at  all  times  to  the  inspection 
of  the  Mayor  or  any  Alderman. 

§  201.— The  City  Physician   shall  visit  the  hos-   ^ity  Physj- 

•^  J  J  cian   shall 

pital  as  often  as  the  condition  of  the  patients  may    "visit  tiic 

*  .  .  ...  hospital  and 

require,  aid  prescribe  such  medicine,  diet  and  gen-    proscribe 

1  1  1     n       1         '"•■  the  pa- 

eral  treatment  as  may  be  necessary  ;  lie  shall  also   ticnts. 
inspect  the  hospital,  and  report  any  reglect  or  mis- 
management of  the  steward  or   any  improper  con- 
duct of  the  inmates  to  the  Mayor. 

§  202. — Every  person  controlling  a  steamboat,  or    ^°  person 

^  "^  ^  ^    ^  'havinga 

a  conductor  upon  tlie   cars   o{    a   railroad   or  any    contagious 

.  ....  disease  shall 

other  person  who  shall  bring  or  assist  in  briuging    be  brought 
to  the  city  any  person  having  a  contagious  disease. 


or  is  disabled  in  any   manner,    or   is   incapable   of 
earning-  a  livelihood  shall  be  fined  fifty  dollars. 
Persons  in-        §  203. — Thc  foregoing  section  shall  not  apply  to 

tcucliut;     to  ,..''',.  Till  T 

support  in-    any  person  bringing  to  the  city  a  disabled   or  dis- 
bring  tiiem    cascd  persoii,  not  sick  with   a   contagious  disease, 
totieciy.     -who  will  support  such  invalids  at  his   or  her   own 
expense. 


CHAPTER  XVII. 

LICENSES. 

AU  licenses  /   §  204. — All  licenses,  issued  by   authority  of  the 

sliull  expire  I 

on  1st  day  of/  City  Council,  shall  expire  on  the  first  day  of  March 
next  after  the  issuance   thereof,    unless  otherwise 
V  provided. 
No  license       §  205. — No  license   shall   be    Issued  for   a   less 
sued  for  less   time  than  one  year,  unless  the  applicant  for  the  li- 
y^r.    ^^^  ^   cense,  shall  have  engaged  in  business  after  thc  first 
day  of  March,  then  such  person  shall  pay  for  the 
license  according  to  the  time  it  will  continue.     But 
no  license  shall  be  granted  to  peddlers  or  itinerant 
persons,  authorizing  them  to  sell  by  sample  or  oth- 
er wise^  for  less  time  than  one  year. 
Hawking  or       §  206. — Every  persou  who  shall  hawk  or  peddle 
goods'wares  ^^^^^^  ^^^^  strccts  of  the  citj,  goods,  wares,  or  mer- 
chandLTon   chandise,  or  ofier  them  for  sale  by  sample  or  oth- 
the  streets,     erwisc,  without  a  license  authorized   by  the  City 
Council  for  which  the   sum   of  twenty-five  dollars 
^VV*      shall  be  paid  .shall  be  fined  not  less  than  twenty-5^^ 
*■  five,  nor  more  than  fifty  dollars. 

pouit!-|f*i!'  §  207.— The  preceding  section  shall  not  apply 
to  any  person  selling  firuit,  vegetables,  poultry, 
eggs^  corn,  fodder,  oats,  hay,  or  any  article  pro- 
duced or  manufactured  by  him  or  her  in  this  State. 


/ 


65 
S  208. — All  persons  or  iiriii.s  oimau-itiLr  iu  busi-    Auctioneers 

•J'  _i  _  ...  ^  ^    persons 

nessas  auctioneers,  or  .selling,  hiring  or  renting,  or    selling  or 
offering  for  sale,  hire  or  rent  within  the  limits  of  the    erty. 
city,  any  property  belonging  to  another  person, with- 
out a  license  for  which  the  sum  of  fifty  dollars  shall 
be  paid,  shall  be  fined  twenty  dollars  for  each  offence. 

§  209. — The  preceding  section  shall,  in  no  man-   ^ourT  Exe* 
nor  apply  to  sales  under    execution,    or  by    order    cutors,  &c., 
ol'  court,  or  under  a  mortgage,  or  by    executors,    cense, 
administrators  or  guardians. 

§  210.— Every    commission    merchant,    and  all   ^'-"""'ission 

o  «  J  Merchants, 

factors,  or  broker.s,  who  shall  (j^rr}^  on  business  in    Factors,  <tc. 

the  city  without  alicense  for  wliich  fifty  dollars  shall 

be   paid,  shall  be  fined  not  less  tban  ten,  nor  more 

tluiu  fifty  dollars. 

§  211. — Every  person   v/ho  shall  keep  a  Avare-   Warehouse 

house  for  the  storage  of  cotton  or  other  produce,  or     ^'^P*''^- 

any  article  of  value  without  a  license  for  which  one^*),^ 

liundred  dollars  shall  be  paid,  shall  be  fined  not  less  ^ 

tlian  twenty-five,  nor  more  than  fifty  dollars. 

§  212. — Any   Insurance  Company,   which    shall    lusurauce 
*  .  .  ...         CompanieB. 

open   an  omce  or  engage    in  business  m   the  city         ^^ 
without  a  license,  for    which    fifty  dollars   shall  be    ■■  b 
paid,  shall  be  fined  not  less  than    twenty-five,  nor 
more  than  fifty  dollars. 

§  213. — E very  company  engaged  in  the  manufac-  <jas  Com- 
ture  of  gas  without  a  license  for  which  the  sum  of 
one  hundred  dollars  sliall  be  paid,  in  addition  to 
tlic  tax  which  may  be  Icviedon  the  property  so  cm- 
ployed,  shall  be  fined  not  less  than  twenty-five,  nor 
more  than  fifty  dollars. 

^  214..— Every  person,  wlio  .sliall  ,.pLMi   a  loUciy    J^'inV/''"^ 
ofiice,  or  sell  lottery  tickets  within  tlie  limits  of  the 
city,  without  a  license,  for  which  two  liundrod  d«d-\    n  7 
lars  shaU  bo  paid,    shall  b(;  fined  any   sum  not  ex- 
ceeding fifty  ilollnrs. 

1  'J 


66 


Free  Bankr 
or    B  a  n  ^ 

Agencies.  ' 


Brokers    o  r 
Exch  a  u  3  *" 
Dealers.     ' 


Keepers  of  a 
Livery  Sta- 
ble shall  ob- 
tain a  li-, 
cense.      ; 
i 


Selliug  hor- 
ses and 
mules  with- 
out lieensie. 

/" 
L 


Money  paid 
for  1  i  c  ensq' 
to  sell  horr 
ses  or  raulqis 
refunded  |f 
no  sale.      ! 


All   ])orsons 
engaging  in 
mercantile 
business 
i'hall  obtain 
license. 


Persons  sel- 
ling ti  ou  r, 
bacon,  Ac, 
I'rom  a  wag- 
on must  olj- 


§  215. — Every  free  bank  or  bank  agency,  which 
shall  engage  in  business  u'ithout  a  license,  for  whicli 
one  hundred  dollars  shall  be  paid,  shall  be  fined  in 
any  sum  not  exceeding  fifty  dollars. 

§  216. — Every  person,  who  shall  engage  in  busi- 
ness as  a  broker  or  exchange  dealer  without  a  li- 
cense, for  which  fifty  dollars  shall  be  paid,  shall  be 
fined  not  less  than  ten,  nor  more  tlian  fifty  dollars. 

§  217. — Every  person  who  shall  open  a  livery 
stable,  or  a  stable  for  the  sale  of  horses,  mules,  or 
stock  of  any  kind  without  a  license  for  which  fifty 
dollars  shall  be  paid,  shall,  after  being  notified  of 
this  section,  be  fined  twenty  dollars  for  each  day, 
such  person  shall  neglect  to  obtain  a  license. 

§  218. — Any  person,  except  the  proprietor  of  a 
livery  stable,  who  shall  bring  horses  or  mules  to 
market  and  offer  them  for  sale  without  a  license  for 
which  one  dollar,  for  each  animal,  shall  be  paid, shall 
be  fined  not  less  than  ten  nor  more  than  fifty  dol- 
lars. 

§  219. — If  any  person  having  obtained  a  license 
according  to  the  terms  of  the  preceding  section 
should  carry  away  any  animals,  which  were  brought 
by  him  fo  market,  then  one  dollar  lor  each  animal, 
remaining  unsold,  shall  be  returned  to  its  owner  or 
his  agent. 

§  220. — Every  person,  who  shall  sell  or  barter 
goods,  wares,  or  merchandise,  or  keep  a  cake,  can- 
dy or  fruit  store,  or  engage  in  any  mercantile  bu- 
siness, without  a  license  for  Avhich  twenty-five  dol- 
lars shall  be  paid,  shall,  after  being  notified  of  this 
section,  be  ^ned  twenty  dollars  for  eacli  day,  such 
person    shall  neglect  to  obtain  a  licence. 

§  221. — Any  person,  who  shall  sell  from  a  wag- 
on or  other  vehicle,  bacon,  flour,  tobacco  or  similar 
articles  at  retail  without   a   license  for  which   ten 


r 


67 

lollars  shall  be  paid,  shall   be   fined  not  less  than  tainii(cn?e. 
live,  nor  more  than  twenty  dollars. 

§  222. — Every  person,    who    shall    pl;iy    in   llie  iiiaying  on 

streets  on  any  innsical  instrnnicnt.    for  money  witii-  siiliii  oV.tiTin 

out  a  license,  lor  which  the  sum  of  ten  dollars  shall  •"'^  ^'conso. 


be  paid,  shall  be  fined  five  dollars  for  each  oftence. 


V     §  228. — Every  person,  who  shall  keep  a   tavern  Keepers  of 

taverns,  Jic. 

i     or  hotel  without  a  license,    for  which   fifty    dollars  shall  obtain 
shall  be  paid,  sliall  be  fined  not  less  than    llv(\  nor 
more  than  fifty  dollars. 

/>   "    5j  224. — Every  person,  wlio  shall    keen  a  restau-  i-'ieensesfor 

.  .  1    11  keeping 

rant  without  a  license,  for  whicli  twenty-five  dollars  Restanrai.' 
^    shall  be  paid,  shall  be  fined  not  less  than  five,  nor:^  I  \ 
\more  than  twenty-five  dollars. 

/       §  225. — Every  ])erson,  who    sliall   keep  a  public  J'.iiiiar.i  ta- 

hilliard  table  for  hire,  without  a  license  for  which  not'^be  ke"pt 

one  hundred  dollars  shall  be  paid,  shall   be   fined  eenso"^^'" 


five  dollars    for  each  day  such  person  shall\    |  ^ '•^' 
to  obtain  a  license.  ^ 


twenty- 
neglect 

S  226. — Every  person,  Avho  shall    keep    a  i)nblic    license 
bagatelle  or    })Ool    table,   or    any    other  table,    or    (ainod  i.  y 

■in  •  •,■!  1  ^•  r  1    •    1      «  owners     o'f 

stand  for  gaming  without  a  license,  tor  which  one  public  pool 
hundred  dollars  shall  be  paid,  shall  be  fined  twenty  /f;''^  **•• 
dollars.  J 

§  227. — Every  person,  who    shall    keep  a  pistol    ristoi    ..';.i 
gallery  without  a  license,    for  which   fifty  dollars 
shall  be  paid,  shall  be  fined    not  less  than  ten,  nor 
onore  than  fifty  dollars. 

§  228.— Every  person,  who  shall    keep  a   public    j';^""';"  ,;',', 
ten  pin  alley,  or  alley  of  like  kind  without  a  licen.se,    iiaVeiieense 
for  which  fifty  dollars  shall  be  paid,  shall  be  fined 
thirty  dollars. 

§  220. — All  licenses  for  day  laborers,  washerwo-    Li,.^„,csfor 
men  or  barbers,  shall  expire  on  the  first  day  of  Feb-  i^''/^.';*!;^;:: 
niary,  in  every  year,  and  shall  date  from  the  first    ''^rs. 
day  of  February,  May,  Augnst  or  November:  and  the 


r,8 

applicant  for  sTicli  a  license  aliall  pay  in  proportion 
to  the  time  the  license  will  continue. 


CHAPTER  XVIII. 

MAGAZINE. 

Clerk  of  tiie       ^  230.— The  City  Council  shall  appoint  annually 

.Magazine.  ••■  *'  >■  ^  -' 

a  clerk  of  the  magazine. 
Clerk  shall       R  231. — The  clcrk  of  the  macrazine  immediately 

givpa  bond,  '^         _  _  _  °  _  _  -^ 

•tc.  after  his  election,  shall  give  a  bond  with    sureties 

lor  one  thousand  dollars  for  tlic   foithful  perform- 
ance of  the  duties  of  his  oflEicc. 
Salary  of  the       §  232. — The  City  Couucil,  shall  fix  a  salary  for 
^  '"'''"  the  clerk  of  the  magazine,  at  the  time  of  his  elec- 

tion, which  shall  not  he  increased  or  diminished 
'         during  the  term  of  his  office. 
T  h  e  Clerk       §  233. — Thc  clcrk  shall  keep  his  office  near  the 
i-iis  office.       centre  of  the  city,  and  lie  shall,  at  all  hours  be- 
tween sunrise  and  sunset,  receive  powder  into  the 
magazine,  or  deliver  it  from  the  magazine  accord- 
ing to  the  request  of  the  owners  or  their  agent. 
A  tax  upon       §  234. — A  tax  of  twenty-five  cents  upon  every 
keg,  and  fifteen  cents  for  every  half  keg  of  powder 
stored  in   the  magazine,  shall  be  collected  by  the 
clerk  on  the  delivery  of  thc  powder  to  its  owner. 
The  tax       §  235. — Tlic  taxcs  SO  collcctcd,  shall bc  paid over 
to  the^Trea"    ^"  ^^^^  ^'^^7  trcasurcr  by  thc  clerk  of  the  magazine, 
"  '"^  '■•  who  shall  render  an  account  of  tlio  money  obtained 

;it  any  time  thc  City  Council  may  i-cquirc  him  so  to 
do. 
The   Clerk        §  23G, — The  clcrk  of  the  magazine   neglecting 
hi"l'^ciutie^    01'  refusing  to  discharge  his  duties  promptly,  shall 
discharged.    ^)J~^  oonviction  liefore  the  City  Council,  be   fined  ten 


60 

dollars,  or  be  dismissed  iVoni  his  ofiice,  or  bo  iined 
and  dismissed  accordiiip;  to  the  discretion  of  the 
City  Conncil, 

^  Sol. — hvery  person  who  shall  l^eep  more  than    shaU    keei> 
one  keg  of  powder  in    his  store,  or   in  any  place,    o^^J^oK^'of 
other  than  the  City  Magazine,  shall  on  conviction,    powd*'!-. 
ho  lined  twenty  dollars  Tor  ovi'vv  rnch  nflViu'e. 


CHAPTER  XIX. 


-MAP.KET,    :\IEASITRES    ANI>   SCALES. 

§  238.— The  Market  shall  he  divided  into  stalls, 
which  shall  he  nnmbcred  and  rented  to  the  highest 
bidder  for  cash,  at  twelve  o'clock,  51.,  on  the  first 
Monday  in  the  month  oi"  February,  of  every  year  ; 
but  in  no  case  shall  the  stalls  be  rented  at  less  than 
the  following  rates:  for  each  of  the  four  butcher's 
stalls  in  the  cast  end  of  the  market,  one  hundred 
dollar.s  ;  for  each  of  the  four  stalls  in  the  middle 
of  the  market,  eighty  dollars  ;  for  each  of  the  stalls 
for  the  sale  of  vegetables,  twenty-five  dollars  ,  and 
for  each  cofi'ee  stand,  fifty  dollars. 

§  230. — Any  person  renting  more  stalls  than  arc 
necessary  for  carrying  on  his  or  her  business,  shall 
not  have  the  power  to  underlet  such  stalls,  and  shall 
be  fined  ten  dolUrs  ior  each  day  such  ]ier8on  shall 
retain  control  of  the  stall. 

§  240. — The  City  Council,  at  its  lirst  meeting  in 
the  month  of  February,  of  each  year,  shall  elect  a 
Market  Clerk,  who  shall  remain  in  ofiice  for  the 
space  of  one  year,  unless  sooner  dismissed  by  the 
City  Council. 


The  M  a  r- 
ket  shall  he 
divided  into 
stalls,  and 
rented  a  n- 
nuallv. 


TJie  stalls 
shall  not  be 
reuted  f  o  r 
less  than 
one  h  u  n- 
dred  d  o 1  - 
l.irs,  &.C. 


Xc)  ]ieerson 
shnll  rent 
liiore  stalls 
than  are 
neces  s  a,  ry 
for  hJH  b\i?i- 
ncss. 


M  n  r  k  c  t 
Clerk. 


70 
Salary  of       §  241.— The  City  Council   clectinoj  the   market 

the  Market  o  j  o 

Clerk.  clerk  shall  fix  the  amount  of  his  salary  before  his 

election,  and  it  shall  not  he  diminished  during  his 

term  of  oflice. 
/ 
Ma  r  k  e.  t       s  242. — Market  liours    shall  hesrin  half  an  hour 

hours.         ,  ^  . 

before  daylight,  and  end  at  nine  o'clock,  A.  M., 
from  the  first  day  of  October  until  the  first  day  of 
April  ;  and  half  an  hour  before  day-light,  and  end 
at  eight  o'clock,  A.  M.,  from  first  day  of  April  till 
the  first  day  of  October  of  every  year,  but  on 
'\  every  Saturday,  the  market  shall  remain  open 
all  day. 
The  Clerk       K  243. — The  clcrk  of  the   market   shall  remain 

shall  remain         "^  .  i         *"    i 

there  during  there  duriug  market   hours,,  regulate    the   weights 

hours.  and  measures  according  to  the  standard  adopted  by 

the  city,  decide  all  disputes  between  buyers   and 

sellers,  and  collect   the   fees   accruing  to   the    city 

from  the  market. 

General  su-       K  244. — The  clerk  shall  cxcrcisc  a  iTcneral  super- 

)>erinte  n  d-  "^  . 

ence  of  the   visiou  ovcr  the  market  ,  and   he  is  hereby  author- 
market.  &c.     ,  1       />    T  ~       •^  r 

ized  to  arrest  all  persons  who  tight,  or  are  guilty  oi 
any  indecent  or  disorderly  conduct. 

The    Clerk       §  245. — The  clerk,  for  the  purpose  of  preserving 
peace.  peace  and  good  order,  is  eiupowered  to  call  upon 

any  citizen  to  aid  him,  and  any  person  refusing  his 
assistance^  shall  on  conviction  be  fined  five  dollars. 
Vehicles  and      §  246. — The  clerk  shall  exclude  from  the  mar- 
be  excluded    ket  square  during  market   hourS;,    all   vehicles   or 
keTsqiTam    animals  not  bringing  provisions  for  sale,  and  shall 
kill  all  dogs  near  enough  to  annoy  or  injure   per- 
sons attending  market. 
Unsound        §  247. — The  clerk  shall  condemn  all  unsound  and 
provisions.     ^^j^^y^Qi^gQ^^e  provisions   brought  to  the  market  for 
sale,  and  have  them  immediately  removed  and  des- 
troyed ;  and  any  person  resisting  or  disobeying  the 


71 

clerk,  shall  on  conviction  lie  fiiicd  not  exceeding; 
twe n ty-fi ve  doll ars . 

5j  248.— Any  person,  who    shall   durinir   market    No    i.crs<ni 
hours  hnv  ])rovisions  for  thepnriiosc  of  siieculatint:;,    |^  '^  *    siinii 

"     '■  '        ^  '  _  '         buy  ])rovi.-i- 

shall  bo  reported  by  the  Clerk,  and,  on  conviction,    ion  a    for 

•  "  1       A<  speculation. 

.shall  be  iined  twenty  dollars  for  each  oiicnce. 

§  249.— Any  i)erson,  who  shall  hawk  about  the  JJ^^.n^*,"'^;:',! 

streets,  or  sell    fruit,  vciretables,  poultry,  efrcrs,  or  vegetables 

table  su[)plies  after  nine  o'clock   on   tSunday,  shall  streets    on 

Sunday. 

be  fined  ten  dollars. 

^  250.— The  clerk  shall  in'cvcnt  tlic  obstruction    The  s  i  .1  e- 

■^  .  '■  walks  sball 

of  the  side  walks,  and  allow  all   })ersons  an  ojipm--    n.)t  be  ob- 

,       ,..  ,     .  -  ,         1     11      1  stnicted. 

tunity  or  selling  their  produce  ;   he  shall  also  per- 
mit those  first  arrivinj;'  to  choose  their  ])lace  on  the 
market  stjuare. 
§  251.— The  clerk  shall  rins,^  the  market  bell  for    TiiocWeof 

•  ^         1^  -         f  11  market 

at  least  one  minute  at   the  close   oi  market  hours,    house. 
and  shall  have  the  market  house  except  tlie  rented 
stalls  swept^  and  kept  in  good  order. 

§  252. — At  the  close  of  the   market   hours,    the    The  market 
lessees  of  the  stalls,  shall  have  the  stalls,  benches,    bctiioroui^h 
tables,  cutting  blocks  and  .scales  swept,  scraped  and    '-^'^  '"""^  " 
thoroughly  cleaned,    and  an}'  lessee  violating  this 
section,  shall  be  reported  by  the  clerk,  and  on  con- 
viction, shall  be  fineil  five  dollars. 

§  253. — If  upon  the   complaint   ol  anv  person,    Misconduct 

of        t  Ji  e 
the  clerk  shall  be   convicted   of  neglecting  his  du-    Clerk. 

ties,  or  showing  partiality,    or  making   an    unjust 

order  to  any  one,  or    iailing    to    execute    the    laws 

governing  the  market,  he  shairbe  fined  twenty-five 

dollars  or  dismissed,  according   to  the  discretion  of 

the  City  Council. 

§  254. — All    measures,    vci'rht.s,   and  balances,    M'-asnres, 

'       .  .  >  o        '  5     weights,  Ac. 

used  in  the  city,  shall  conform  to  the  standard 
adopted  by  the  State,  and  a  conijilete  set  of  thcin, 
shall  be  kept  by  the  city  clerk. 


7L> 

conformin"'     ^  ^^^' — ^very  pcrsou,  Selling  or  buying  by  mea- 
to  the  stand   siires,  weight  or  balances,  not  conforming   to    the 
standanT  Jibove  mentioned,    sliall  be  fined  five  dol- 
lars for  each  offence. 

Personsivau       ^  250.— Every    person,   who    shall  iVaiidulentlv 

d  u  1  e  u  1 1  y  -^    ^  .  .       .  . 

using  false  use  faLs8  measuros,  weights,  or  balances,  in  buying 
ed.  '  ^  or  selling,  shall,  on  conviction^  be  fined  fifty  dollars. 
False  mark,       v  257.— ^Anv  person,  who  shall  sell  any  article  of 

brand,  Ac.  "'  „    i  ■  ^  j ^ 

mcrcliandise  by  a  false  mark,  brand,  number  or  de- 
vice, or  knowingly  sell   falsely  packed  flour  or  su- 
gar, or  other, artipleSjSlifj,|t,,onc9ijyiction  be,  j^r«3d 
iifty  dollars.- 
we^^^h^u        ^258.— -Thf        ,    .ic^rk  or  marshal,  ;it    the   re- 
&^°'Tvdrv   <^l^:ipst  of  a  citizen,   shalj  test,  Jan j^/ measure,  weight 
standard.       ,;,.  'balauce  by  the  city  standard,  and  brand  it  with 
..ome  uniform  letter  or  device  for  Avhich  service  the 
clerk  or  marshal  shall  be  paid  fifty  cents, 
r  11  h  1  i  e        15.259. — The  City  Coimcil  .sliall  provide    suitable 
^°'^"  '■  scales  and  weights  for  the  use  of  the  public,   upon 

which,  at  the  request  of  any  person,  shall  be  weigh- 
ed articles  of  produce  or  merchandise  by  the  public 
weigher. 

tef^hci^. ' "  §  260.— The  Oity  Council  shall  apijoint  annually 
a  public  weigher  and  pay  him  a  salary  which  shall 
not  be  diminished  during  his  term  of  office. 

pubT\c  §  2r»l. — The  public  weigher  shall  give  a  bond 
Tveigher.  ^^.j^]^  g^^^^^l  sureties  in  the  sum  of  three  thousand 
dollars  for  the  faithful  performance  of  his  duties  ; 
ibr  the  delivery  of  all  money  collected  by  him  to 
the  City  Treasurer,  and  for  the  payment  of  all 
damages  incurred  by  any  person  on  account  ot  Isis 
negligence  or  carelcR.sncfis  in  tlio  discharge  of  liis  ilu- 
ties. 
Thooath  of       s  2G2. — Before  entering  upon  the  duties  ol  his  oi- 

1)UD1iC  <j        -l 

v.-eighpr.        fice,tlie  public  weigher,  in  addition  to  his  bond,sl-,al  i 
make  and  subsciibe  the  following  affidavit,  whi.h 


73 

be  filed  with  tlie  City  Clerk  :     "  I do  solemnly 

swear  that  I  will  discharge  the  duties  of  public 
weigher  of  the  city  of  Montgomery,  to  the  best  of 
my  ability,  and  will  show  no  partiality  during  my 
term  of  office. 

§  263. — The  public  weigher  shall  keep  the  scales   Tj>c   duties 
and  apparatus  m  good  condition,  and  weigh  with-   lie  weigher, 
out  delay,  coal,  lime,  bacon,  corn,  fodder,  oats,  hay, 
and  any  produce  or  merchandise  brought  to  market, 
and  sold  by  weight  or  measurement  from  w^agons 
or  other  vehicles  on  the  streets  ;  for  which  he  shall 
be  paid  by  the  purchaser  of  the  articles  the  follow- 
ing rates,  viz  :  For  every  load   on  a  vehicle  with 
four  wheels,  drawn  by  four  or  more  animals,  fifty   e  d    for 
cents  ;  for  every  load  on  a  vehicle  with  four  wheels    ^^'^  '"^" 
drawn  by  any  number  of  animals  less  than  four, 
twenty-five  cents ;  for  every  load  on  a  vehicle  with 
two  wheels,  drawn  by  any  number  of  animals,  twen- 
ty-five cents. 

§  264. — The  public  weigher,  wlien    required  by    '^'^®.  PV''''^ 

/  o         J  1  .'weigher 

the  City  Council  or  Mayor,  shall  examine  any  or  all    » h  a  n  i  n  - 
measures^  w'eights,  scales  or  balances,  used   in  the   uros,  we'hts 
city,  in  the  sale  or  purchase  of  goods,  wares,  and    '"'"'^  scales, 
merchandise,    and    report   any  variance   from   the 
city  standard  to  the  Mayor,  and  any  person  refusing 
to  produce  his  or  her  measures,  weights,  scales,  or 
balances  for  inspection  or  interrupting  the  weigher 
in  the  discharge  of  his  duty,   shall   be  fined  fifty 
dollars. 

§  265. — No  person   shall  erect  public   scales  on    N«    pe"<"> 

"  ^  ^  pliall     Koop 

any  of  the  streets,  and  every  person  who  shall  keep    public 
public  scales  or  weigh  for  the  public  any  merchan-   ,,„'i  license, 
disc  or  produce  except  cotton,  sold  from  wagons  or 
other  vehicles  on  the  streets,  without  a  license,  for 
which  twenty-five  dollars  shall  be  paid  shall  be  fined, 
not  loss  than  five,  iKir  UKtrc  than  twenty-five  <lollar8. 

10 


H 
A   white        s  266. — Every  licensed  weiglier  shall  keep  at  all 

person  shall       .  *'        ^  °  ^ 

avvays    b  e    timcs  between  sunrise  and  sunset  of  ea      day,  Sun- 

a  t      t  h   e 

scales.  day  excepted,  a  competent  white  person  in  attend- 

ance on  the  scales,  and  any  one  violating  this  sec- 
tion, shall  be  fined  twenty  dollars. 

i^oi'ghe.t       §  267.— Every  licensed  weigher  shall  be  author- 

charges.  jgicd  to  charge  and  collect  the  same  rates,  charged 
by  the  j)ublic  weigher  of  the  city,  and  any  one  vio- 
lating this  section,  shall  be  fined  fifty  dollars. 

The  weight       §  268. — Every  bushel  of  shelled  corn  sold  in  the 

of  corn.  •  n  ^  ^  r> 

City  from  the  first  day  of  December  till  the  first 
day  of  September  next  thereafter,  shall  contain  fifty- 
six  pounds  ;  every  bushel  of  corn  in  the  ear,  sixty- 
four' pounds,  and  every  bushel  of  corn  in  the  ear, 
not  husked  seventy -three  pounds  ;  and  from  the 
first  day  of  September  until  the  first  day  of  Decem- 
ber next  thereafter,  every  bushel  of  unhusked  corn 
shall  weigh  seventy-four  pounds,  and  every  bushel 
of  husked  corn  in  the  ear,  sixty-five  pounds  ;  any 
licensed  weigher,  violating  in  any  manner  this  sec- 
tion, shall  be  fined  twenty  dollars. 


CHAPTER  XX. 

NUISANCB. 

Tanyany  §  269. — Evcry  person,  who  shall  make  a  tan- 
yard,  slaughter  house,  or  butcher  pen,  or  engage 
in  any  business  which  will  injure  the  adjoining 
property,  or  affect  the  health  or  comfort  of  the  peo- 
\  pie,  shall  be  fined  twenty  dollars  for  each  day  the 
nuisance  shall  continue. 

Failing  to       §  270. — If  the  owner  of  the  nuisance   shall   fail 
miisan.e.      1o  remove  it,  tlie  City  Council    shall  order  it  to  ba 


75 

abated  ut  the  cost  of  the  person   causing   the  nui- 
sance. 

§  271. — If  the  person  causing   the    nuisance  be  ii  thf>  por- 

insolvent  or  unable  to  pay  the  cost  of  its  removal,  "rpn(,*Vi"Hb- 

or  absconds,  tlicn  the  cost  of  abating  the  nuisance,  cost'l^f  re^ 

shall  be   taxed  against  the  property  on   Avhich   it  }j"°^axc||'^" 
was  situated,  and  be  collected  at  tlie  same  time,  and 
in  the  same  manner  as  the  annual  taxes. 


CHAPTER  XXI. 

PAUPERS. 

§  272. — Every  one  who  shall  bring  or  cause  to  be   shaii^bHn" 
brought  to  the  city^   a   person  having   no  means  of  vagrants  "^to 
support,  and  unable  or  unwilling  to  work,  with  the   ^^'^  ^^^y- 
intent  of  making  such  person  a  charge  upon  the 
city,  or  on  the  charity  of  the  citizens,  shall  be  fined 
not  exceeding  fifty  dollars  for   each  day,  such  pau- 
per or  vagrant  shall  remain  in  the  city. 

§  273. — Every  slave  or  free  negro,  who  shall  frecncgroes 
violate  the  foregoing  section,  shall  receive  not  ex-  foregoing 
ceeding  fifty  lashes.  '^"*^^'""- 

§  274. — Every  pauper,  vagrant,  and  idle  or  dis-  All  pauj.ora 
orderly  person  of  evil  life,  or  ill  fame  ;  every  per-  persons Fh'ii 
son,  who  has  no  fixed  place  of  residence,  and  no  fo*r  tllc^M.^V 
visible  means  of  suppvnn,  and  every  person,  who 
begs  or  loiters  about  the  streets  or  other  public 
places,  shall  be  arrested,  and  carried  before  the 
Mayor_,  who  shall  order  him  or  her  to  leave  the  city, 
and  if,  at  the  expiration  of  twenty-four  hours  there- 
after, such  person  shall  be  found  in  the  city,  he  or 
she  shall  be  fined  not  exceeding  fifty  dollars.      '  '  ~~ 


or. 


76 
CHAPTER  XXII. 

POLICE,    PATROL   AND    PKISONS. 

Til  jwiice  of  §  275. — The  police  force  of  the  city  shall  consist 
of  the  City  Marshal^  Deputy  Marshal,  and  as  many 
assistant  policemen  as  the  City  Council  may  deem 
necessary  to  elect. 

P  '' ""  VUi       §  27G.— The  City  Council,  at  its  lirst  raeetins  in 

Council  sli  II  "^  J  }  & 

elect  a  mar-  every  year,  shall  elect  a  city  marshal^  who  shall  re- 
ceive a  salary  and  continue  in  office  for  the  term  of 
one  year. 

S^marshaiV"  §  277.— Before  entering  upon  the  duties  of  his 
office,  the  marshal  shall  make  and  subscribe  the 
following  affidavit,  which   shall  be   filed  with  the 

city  clerk  ;  "I do  solemnly  swear  or  affirm  that 

I  will  well  and  truly  discharge  the  duties  of  mar- 
shall  according  to  the  laws  of  the  city  to  the  best  of 
my  ability." 

The  bond  of  "^   s  278. — The  marshal,  immediately  alter  his  elec- 

the  marshal.      _  '  '' 

I  tion  shall  give  a  bond  with  sureties,  which  shall  be 
I   filed  with  the  city  clerk,  in  the  sum  of  one  thousand  ^ 
\  dollars  for  the  faithful  performance  of  his  duties.  )^  o 
shai^s^a/i       §  279. — The  marshal   shall   patrol  the  streets  at 
streets,  Ac. '^   all  reasonable  hours,  preserve  the  peace,  and  arrest 

yall  persons,  violating  any  law  of  the  city. 
ThaTrfe^-^/^  §  280.— The  marshal  shall   execute  every  sum- 
cuteaiipro-;'  mons  or  process,  issued  by  the  City  Council,  or  the 

cesses.         f  ■■-  '  j  j  j 

^   Mayor,  or  under  the  authority  of  the  Mayor  or  City 
\  Council. 


fhaif^ass^t/     §  281. — The  marshal  may  command  the  citizens 

shid    ^^^^'    ^^  ^^^  ^^^  ^"^  ^^^  enforcement  of  the  laws,  or  in  the 

\   arrest  of  persons,  violating  the  laws   of  the   city, 


\ 


;iii(l  ;iny  person,  refusing  to  give  such  assistance, 
shall  on  conviction  hefore  the  Mayor  or  an  Alder- 
man, he  fined  in  the  sum  of  ten  dollars. 
^  '§  282. — The  marshal  shall  examine  the  streets, 
report  their  condition  and  superintend  puhlic  works 
when  required  to  do  so,  hy  the  City  Council  ;  he 
shall  also  act  as  clerk  of  the  market,  whenever  that 
office  shall  he  vacant. 

vj  283. — The  marshal  shall  have  the  market  hell 
rang  at  nine  o'clock,  P.  M.,  and  see  that  the  watch- 
men perform  their  duties,  according  to  the  laws  of 
the  city. 

§  284. — The  City  Council  shall  designate  one  of 
the  persons  elected,  as  the  captain  of  the  police  ; 
and  all  the  policemen  shall  take  an  oath  for  the 
faithful  performance  of  their  duties. 

§  285. — No  person  not  a  permanent  resident  in 
the  city,  shall  he  elected  a  policeman. 

§  28G. — The  policemen  shall  be  under  the  con- 
trol of  the  mai'slial,  and  shall  assist  him  at  all 
times  to  enforce  the  laws  of  the  city.  They  shall 
act  as  watchmen  at  night,  and  perform  such  duties 
as  may  be  required,  and  shall  receive  each  month 
for  their  services  such  compensation  as  the  City 
Council  may  appoint. 

§  287. — The  marshal  sliall  communicate  his  or- 
ders to  the  captain  of  the  police,  and  require  him 
to  report  daily  the  conduct  of  the  men  under  his 
command  ;  and  the  marshal  shall  forthwith  report 
all  cases  of  neglect  of  duty  to  the  Mayor  or  City 
Council. 
f  §  288. — TIjg  Mayor  shall,  from  time  to  time,  in- 
struct the  policemen  as  to  their  duties  under  the 
laws  of  the  city. 


T  Ii  c  lAl  a  1- 
sliul  Rliall 
examine  the 
sti^ets. 


Tho  M  a  r- 
sbal  shall 
li  a  V  c  f  h  II 
market  bcU 
rang. 


Ca]itain    o  f 
Police. 


Policemen. 


Policom  c  n 
mulor  rom- 
iiiaud  of  the 
Marshal. 


Cnjitain  o  f 
Police  sliall 
report  daily 


InntructioDi 
of  the  p  o- 
lircmcn. 


78 
Policemen  /    §  289. — The    marshal    shall   keep   an    account 

shall  receive  .  ,  ^  '• 

no  wages/ of  the  time  any  policeman  under   his   control,  ftiils 
sent.  i  to  perform  his  duties,  and  during  the  time  of  such 

\  negligence  or  absence   from  his   post,  he  shall  re- 
ceive no  wages. 
«.,e,.w.;  .„c'''      ^  290. — The    policemen,  acting   as    watchmen, 
persons.     ^  shall  arrcst  all  suspicious  and   disorderly  persons, 
/    and  commit  them  to  the  guard-house  or  keep  them 
in  custody  till  morning,  when  they  shall  be  carried 
before  the  Mayor  or  an  Alderman,  and  be  punished 
according  to  the  provisions   of  the  law  they  may 
.^^  have  violated. 
Slaves  to       R  291. — The   policemen   shall   enter   any  place 

gamble    or  ■*■ 

drink,  <tc.      where  they  suspect  slaves  or  free  negroes  resort  to 
gamble  or  drink,  and   shall  arrest  all   disorderly 
slaves'or  any  slave  absent  from  his  or  her  owner's 
or   master's   lot    without  permission,   after   half- 
past  nine  o'clock,  P.  M.,  and  commit  them  to  the 
guard-house  until  morning. 
No  person       §  292. — Every  pcrsou,  who  shall   forcibly  resist 
an  officer,     the  marshal,  or  any  policeman   in  the  discharge  of 
his  duty,  shall  be  fined  not  less   than  twenty,  nor 
:     more  than  fifty  dollars,  and  in  default  of  payment 
of  the  fine,  he  shall  be  committed  to  the  guard-house 
until  such  fine  is  paid,  but  in  no  case  shall  such  im- 
■    prisonment  exceed  thirty  days. 

§  2^. — Any  persons,  who  shall   interfere  or  at- 

/tempt  to  interfere  with  the  marshal  or  a  policeman 

f  in  the  discharge  of  his  duty  ;  or  shall  attempt  to  res- 

\  cue  a  person,  arrested  by  an  officer  of  the  city  ;  or 

I  shall  assist  a  person  to  escape  from  custody,  shall  be 

\  fined  not  less  than  ten, nor  moret  han  twenty  dollars- 

\     §  294  .—Whenever  the  City  Council,  shall  deem  it 

Patrol,  Ac.     proper, the  city  clerk  shall  enroll  all  the  male  citizens, 

between  the  ages  of  eighteen  and  forty-five  years, 

who  shall  constitute  the  patrol  guard. 


T9 
§  295. — The  names  of  the  persons  enrolled,  shall    Names  of 

•'  .  persons  en 

be  placed  in  a  box  on  separate  pieces  of  paper,  and  rolled, 
as  many  names  daily  drawn  therefrom  by  the  May- 
or or  an  Alderman,  as  may  be  necessary  for  a  pa- 
trol the  ensuing  night ;  and  if  any  person  whose 
name  shall  be  drawn  be  absent,  or  objectionable, 
such  name  shall  be  returned  to  the  box,  to  be  drawn 
when  the  person  can  serve. 

§  296.— The  Mayor  or   Alderman   drawing   the    pe*r  son's 
patrol  for  any  night,  shall  make  a  list  of  the  names,    '•'""^^v"- 
state  the  time  and  i:)lace  of  the   meeting  of  the  pa- 
trol, and  sign  his  name  to  it. 

§  29V.— The  marshal  or  a  policeman,  shall  notify   Se*' person 
tlie  persons  constituting   the   patrol^,  at  least   five   f'^-'^wn. 
liours  before  the  time  of  meeting  ;  and  any  person 
liaving  neither  an  excuse  nor  providing  a  substi- 
tute, who  shall   fail  to  appear  and  serve,    shall  be 
fined  two  dollars  and  costs. 

§  298. — The  person   drawing   the   patrol,    shall   shlTii^ap*^- 
appoint  one  from  the  number  drawn,  to  act  as  cap-   J!^/,"''^^^*'^' 
tain,  who  shall  command   the   patrol,    and   report 
any  one  of  the  patrol  for  neglect  of  duty,  disobedi- 
ence of  orders  or  for  riotous  and  disorderly  conduct. 

§  299. — Any   person,  who   shall  fail   or   refuse   appofn?c!i 
without  a  good  excuse  to  act  as  captain  when   ap-   rcFiSo  act 
pointed  by  the  Mayor  or   an  Alderman,  shall,  on 
conviction,  be  fined  five  dollars. 

§  300.— Every  one   of  the  patrol,   reported  for   Jufy''^  "  ^ 
neglect  of  duty,  disobedience  or  disorderly  conduct, 
.sliall,  on  conviction,  be  fined  fyvc  dollars. 

§  301.— The  patrol  shall  walk  through  the  streets   B^*aiTVa*troi 
during  tlie  whole   night   for   wliich  they  were  ap-   *•''«  "^'■<'**- 
pointed,  preserve   good   order   and  arrest  all  per- 
.sons,  disturbing  the   peace  of  the  city,  and   shall 
have  the  authority,  and  perform   all   flie  duties  of 


80 

tlie  regular  policeraea,  and  any   person   failing  to 
do  SO;,  shall  on  conviction,  be  fined  five  dollars. 
prTonTd'in       §  302.— All  pcrsons   committed  to  prison  by  the 
t  h  e  guard    Mavor  or  an  Alderman,  by  the  marshal  or  captain 

house.  ''  ... 

of  the  police  or  patrol,  shall  be   imprisoned  in  the 
gnard-honse,  unless   the  Mayor   or  an   Alderman 
shall,  by  special  warrant   in  writing,  otherwise  di- 
rect. 
The  marshal       §  303. — The  marshal  shall   have  charge   of  the 
ten '^dollars    ^^^'^'  prisous,  and  of  the  persons  imprisoned  therein, 
for  ever}'   and  shall  receive   two  dollars  for  every  arrest  and 

arrest,  &c.  •  i         •  n     i 

commitment  to   prison  ;  but  if  the  person  arrested 
be  acquitted,  the  marshal  shall  receive  nothing. 
Eemovai  of       §  304. — The   City  Council  shall  have  the  power 

officers     of    ,  /v>  /•  ji  -^ 

city.  to  remove  any  omcer  oi  the  city. 

City  officers/     §  305. — Any   officei,    who   shall   purchase   city 

purchasing,.'  gcrip  or  Warrants  ;  or  shall  loan  or  use,  on  his  own 

city  Sherifr,  ••■  '  ... 

'*=c.  ,     account,  money  belonging  to   the  city  ;  or  shall  di- 

j     rectly  or   indirectly  buy  any  property  sold  by   the 

\     city  clerk,  or  by  any  other   person  on   account   of 

\    taxes  due  the  city  may,  according  to  the  discretion 

of  the  City  Council,  be  removed  from  office. 


CHAPTER  XXIII. 

RETAILERS. 

?pfr1tu'ou8'^     §  306.— Every  person,  who   shall  retail  .spiritu- 
iiquors.  Q^^g  QY  yinous   lif[uors  in  a  less  quantity  than  one 

quart,  or  suffer  it  to  be  drank  on  his  or  her  premi- 
ses without  obtaining  a  license  from  the  City  Coun- 
cil, for  which  five   hundred   dollars  shall  be  paid, 
>     shall  be  fined  not  less  than  twenty-five,   nor  more 
'   than  fifty  dollars  for  each  offence. 


81 
§  30*7.— Every  person,  who  shall   retail   porter,    Retailers  of 

''  J   i  }  ^  i.  '     ale  beer,  Ac. 

ale,  or  lager  beer  in  a  less  quantity  than  one  quart,    must  obtain 

„       .  Ill  1  •  •  'ii        a  license. 

or  sutler  it  to  be  drank  on  his  or  her  premises  with- 
out a  license  granted  by  the  City  Council,,  for  which 
two  hundred  and  fifty  dollars  shall  be  paid,  shall 
be  fined  not  less  than  twenty-five,  nor  more  than 
fifty  dollars  for  each  ofience. 

§  308.— The  applicant,  before   obtaining  his   li-   J'J';  "Jjjj,,';'. 
cense,  shall  take  and  subscribe  before  the  Mayor  or   ^•?"*'  for  a 

'  _  •'  license. 

an  Alderman  tlic  followiiio;  affidavit :   "I do 

solemnly  swear  that  I  Avill  not  sell  any  vinous, 
spirituous  or  malt  liquors  to,  or  sell  to,  or  purchase 
from,  any  slave  any  article  or  commodit)'"  without 
the  permission  of  the  owner,  master  or  overseer  of 
such  slave ;  and  that  I  will  not  knowingly  suifer 
the  same  to  be  done  by  n\\  partner^  or  clerk,  agent, 
or  any  other  person,  upon,  or  about  my  premises, 
if  in  my  power  to  prevent  the  same,  and  I  will  not 
allow  any  gaming  of  any  kind  to  be  carried  on,  on 
or  about  my  premises,  if  in  my  power  to  prevent 
the  same  ;  and  I  will  not  violate  directly  or  indi- 
rectly, by  resorting  to  any  device,  or  permit  on  my 
premises  the  violation  of  the  laws  of  the  city  in  re- 
lation to  retailers."  The  affidavit  must  be  filed  in 
the  office  of  the  city  clerk. 

§309. — Every  license,  issued    to   any   person  to    Ljcenie 
retail  spirituous,  vinous,  or  malt   liquors  in  a  less    mustde- 

^  '  ^  scnbo   the 

quantity  than  one  quart,   must  describe   the  house    r'ace,  ie. 
or  place  in  wliicli  tlie  business  will    be   carried  on, 
and  must  set  forth  the  name  of  the  person  to  whom 
the  license  was  issued  :  and  for   any  otlier  place  or 
person,  the  license  shall  be  void. 

§  310. — No  liccn.se,  granted  to  a  retailer  of  spir-    No  licmse 
ituous,  or  vinous  or  maltliquors,  shall  be  transferred;    fcrrcd,  Ac. 
nor  shall  any  person  retail    spirituous,    vinous,  or 
malt  liquors  in  two  ])lace8  under  one  license  ;  any 

n 


.  8- 

13erson    violating  this   section,  shall    l)e   fined  fifty 
dollars. 
A    retaiie  /     |  31] . — An V  retailer  ofspirituous,  viuoiis, 01' malt 

perraitti  n  g/     ^  "  -■-  '  ' 

gainin|^„(  7  liquors,  or  keeper  of  a  public  house,  who  shall  per- 
f^  j    mit  gaming  of  any  kind  contrary  to  the  laws  of  the 
fy     \  State  on   his  or  her  premises,  shall   be   fined   fifty 
\  dollars. 


A  \retaiier        §  312. — The  City  Council  shall  revoke  the  license 
q  u  0^1^   t'o   of  <i  retailer,  who  shall  be  convicted   of  selling  li- 
quor to  slaves,  or  permitting  slaves  or  free  negroes 
to  gamble  on  his,  or  her  premises. 
No  retailer        §  313.—-j5very  retailer  ofspirituous,  vinous  or malt 
shall  permit  liq.uors,  who  sliall  permit  any  person  on  his  premi- 
duct^^^°^'    ses,  by  loud   singing,  shouting  or  riotous  conduct, 
or  in  any  manner  to  disturb  the  neighbors,  shall  be 
fined  not  less  than  ten  nor  more  than  fifty  dollars. 
No  retailer       §  314. — Everv  retailer,  who    shall   permit  gam- 

siiallpermit  "     .  inn 

gambiiug,    olmg  on  his  premises,  or  wiio   shall  sell,  or  m  any 
articfe  Tn   manner  dispose  of  spirituous,  vinous  or  malt  liquors, 
the  Sabbath.  ^^  ^^^^  ^^^^^  ^^^r^^^Q  on  the  Sabbath,  shall  be   fined 
not  less  than  ten  nor   more   than   fifty   dollars  for 
each  ofi;ence. 
License  of  a        §  315. — Tlio   licenso   of  any   retailer,    violating 
ii^iiTed!'  ^^     either  of  the  two  preceding  sections  may  ho  annull- 
ed by  the  City  Council. 

fiquSs^^are^       §  316.— Every  house  in  which  spirituous,  vinous 
sold  ami  to   or  malt  liquors  are    sold,  retailed,  or    given  away, 

which  slaves  ■■-  ^  o  ,/  ? 

or  free  ne-   which  is  habitually  resorted   to   by  slaves   or   free 

groes  resort  i  •   i        i 

negroes,  or  about  which,  slaves   or  tree  negroes  as- 
semble or  loiter,  shall  be   considered   a  public  nui- 
sance. 
The  keeper        ^  o^^^ — ^^y  person,  keeping  such  a  house,  shall 

of  s  u  c  li  a  0     -      •  J    L  ^  J.       o 

house  shall    1)^  fined  fifty  dollars  on  the  first  conviction  of  the 

bo  fined.  ''  ,       .  . 

offence,  and  if  convicted  the  second  time  of  the 
offence,  shall  not  only  be  fined  fifty  dollars,  but 
shall  forfeit  the  license  granted. 


83 

§  olS. — No  conviction  of  tlic  offence  defined  and    ^^^  f^onviC- 
punislicd  in  the    two   foregoing    sections,    shall  be  madeexoej)t 
safFered,    unless    evidence    is    given   by    three  or    b"cfJhara!'-'^ 
more  respectable  witnesses,  that   the   reputation  of   ^'''■• 
the  house,  or  the    keeper    thereof,  for  illegall,y  tra- 
ding with  slaves,  is  bad. 


CUAPTER  XXIV. 

SLAVES    AND   FREE   NEGROES. 

§  319. — Every  slave,  who  shall  reside  or  sleep  in    ^,^,,^^^7° 

/  .      ,  shall  reside 

any  enclosure,    dwelling-house   or   other   building    or  sleep  in 

.       ^  .  an  o  n  c  1 0- 

not  upon   the  premises    occupied    by  the   owner,    sure    apart 
agent  or   person   representing   the   owner   of  such   owner.  &c. 
slave,  shall  on  conviction  receive  thirty-nine  lashes, 
unless  the  owner  or  hi^  representative,  will   pay  a 
fine  of  five  dollais. 

§  320. — Every  owner,    or   employer,    or    person    oVempioyer 
representing  the  owner  of  a   slave,  who  shall  per-   "/  /?■  ^^'>^" 

i  *=>  '  ^  sliall    p  e  r- 

mit  such  slave   to  reside  or    sleep  on  premises  con-    ")'•■  '"'"'  *" 

■^  ^  _  _  sicoji   away 

trary  to  the  provisions  of  the  preceding  section,  fromhisiol. 
shall,  on  the  first  conviction  of  having  violated  the 
said  section  be  fined  not  less  than  ten,  nor  more 
than  fifteen  dollars,  and  on  every  subse([uent  con- 
viction, five  dollars  for  each  day  the  violation  of 
the  law  shall  continue. 

§  321. — Every  person,  who   shall    let,  or  rent  a    No  person 
lot,  house  or  room  to  a   slave,  within  the   limits  of  lot  or  house 
the  city,  shall  be  fined  not  exceeding  fifty  dollars, 
for  each  offence. 

§  322. — Every   slave,  or    free   negro,  who  shall    N'osltTeor 
keep  a  shop  or   stall   for  the   sale   of  beer,  cakes,    nbaiikotpa 


84' 

shop    o  r    fruit,  soda  water  or  any  other  article,  uii  his  or  her 
own  account,  or  for  the  benefit   of  another  person, 
shall  on  conviction,   receive  not    more  than  thirty- 
nine  lashes,  and  shall  be  imprisoned  till  the  officer's 
fees  are  paid. 
Slaves    or        §  323. — But   nothing  in  thiw  chapter  shall  be  so 
!lirv"?Jep    construed  as   to  prevent  a  slave  or  free  negro,  from 
a  barber   ]j;eeping  a  barber  shop,  provided  a  license  be  obtained 
from  the  Mayor,  for  which,  ten  dollars  shall  be  paid 
for  each  person  employed  in  the  shop  as  a  barber. 
No  person       §  324. — Any  persou,  having  control   of  a  slave, 
rskve^shau    who  shall  permit  such  slave  to  keep  a  sliop  or  stall 
permit  such    f^^  auv  purposc    whatever,   shall,  on   conviction, 

slave  to  keej:)  ./     i        i  '  ' 

a  shop  or   "be   fined  in    any  sum    not  less  than  ten,  nor  more 

stall.  ^ 

than  fifty  dollars. 
No  person        §  325. — Every  person,  v^^ho  shall  hire  or  employ 
slave  by  the   a  slavc  to  work  by  the  day,  who   is    not  regularly 
fic'ensed!'''   licensed  by  the  Mayor,  shall  be  fined  not  exceeding 

five  dollars. 
No  person       §  326. — Every  person,   having  the   control   of  a 
mitted^  ^t^o    slave,  who  shall  permit  such  slave  to  work  by  the 
oTt  a^'i  i-    day  for  wages,  or  to  hire  his  or  her  own  time,  with- 
eense.  ^^^  a  liceuse  from  the  Mayor,  shall  be  fined  not  ex- 

ceeding twenty  dollars. 
Slave  caught       §  327. — Evcry  slave  caught  at  night  ofi'the  pre- 

ofF  owner's 

lot.  mises  of  the  owner,  master,  or  person  representmg 

the  owner  of  such  slave,  without  a  written  permis- 
sion, thirty  minutes  after  the  ringing  of  the  nine 
o'clock  bell,  shall  be  punished  by  the  marshal,  with 
not  more  than  twenty  stripes,  or  be  confined  in  the 
guard-house  till  morning. 

The  owner       ^     328. — The  marshal,  at  an  early  hour  of  the 

shall  be  in-  '^  „  .      ,  ,  ,  .  pi 

formed    of  day,  shall lutorm  the  owner  or  his  agent  oi  the  con- 

onment^"^     finemcut  of  the    slave,    and   upon  the  payment  of 

one  dollar  to  the  marshal   for  the  use  of  the  city, 

the  slave   shall  be   released,  if  the  owner  or  agent 


85 

refuse  to  pay  the  marshal  one  dollar,  as  aforesaid, 
tlie  slave  shall  receive  not  exceeding;'  twenty  stripes, 
and  he  discharged. 

§  329. — If  the  owner,   or  employer  of  the  slave    ntheown- 

"'  _  '.  erbea 

he  a   non-resident   of  (Iw  city,  1  he   marshal  shall    non-resi- 
confine  the  slave  for  loi  ty-eight  hours  in  the  guard-   '„^^a  r  s  h  LI 
house,  and  receive  the  same  rates   for   feeding   the    the  siave*h*i 
slave,  that   is  allowed  to  the  jailor  of  the  count3^    J^'^- 
Upon  the  expiration   of  forty- eight  hours,  unless 
some   person  controlling   the    slave   appears    and 
claims  him  or  her,  the  slave  shall  he  committed  hy 
the  marshal  as  a  runaway,  to  the  county  jail. 

§  330. — Every  slave,  who  shall  own  a  cart,  dray,  shai'i  owa^a 
or  other  vehicle,  a  horse,  mare,  gelding,  mule,  ox,  *'''^^'  ^^' 
hog,  or  dog,  within  the  limits  ot  the  city,  shall,  on 
conviction,  be  punished  with  not  more  than  thirty- 
nine  stripes,  unless  the  owner  or  person  controlling 
the  slave  will  i)ay  a  fini.^  of  ten  dollars  for  each 
oftence. 

§  331. — Any  person,  controlling  a  slave,  who  coivtrourng 
shall  permit  such  slave  to  keep  a  horse,  mare,  geld-  not'^^peVmit 
ing,  mule  or  ox,  within  the  limits  of  the  city,  shall  a'hJr^el^'^^^' 
he  fined  ten  dollars,  for  each  offence. 

§  332. — Everv  slave  or   free  negro,    Avho   shall    ^ «    ""^s^'o 

.     ,  ■  ,        .  .     ,  shall     fight 

light,  quarrel,  use  abusive,  indecent  or  profane  Ian-   or  use  inde- 

,   •  •     -i  .  •      ii         •  cent    1  a  n  • 

guage,  or  act  in  an  indecent  manner  in  the  view  or  guage.i 
hearing  of  a  white  person,  within  the  limits  of  the 
city,  shall,  on  conviction,  receive  any  number  of 
lashes  not  exceeding  fifty.  But  this  penalty  may 
he  avoided  by  the  payment  of  any  sum  not  exceed- 
ing fifty  dollars,  according  to  the  discretion  of  the 
Mayor  or  Alderman,  before  whom  the  offender  may 
be  carried. 

§  333. — Every  slave  or  free  negro,  who  shall  bet  x  o  negr.. 
at  cards  or  dice,  or  play  any  game  at  which  money   hic. 


80 

or  any  article  of  value  is  wagered,  shall,  on  convic- 
tion, receive  not  exceeding  fifty  lashes. 
No  slave        &  :;34. — Every  slave   or  free   negro,  avIio  is  i)res- 

snallbe  •  a      >  i 

whenothers  ^^^^  wlicrc  sUivcs  or  frcc  ncgrocs  are  playing  at  any 
gamble.         game  for  money,    or   any  other   valuable   article,' 

shall,  on  conviction,  he  punished   with    not  more 

than  thirty-nine  stripes. 

N  o    white       §  335. — Ever)^  white  person,  who  shall  he  pres- 

person  shall  j       i  i  r  n       •  j. 

b  6  present  t)nt  where  slaves  or  iree  negroes  are  playing  at  any 
^rolT  sam-  g^™G  for  moncy  or  other  valuable  property,  shall, 
bie-  on  conviction,  be   fined  not   less  than  tv/enty-five, 

nor  more  than  fifty  dollars. 

Any  negro       §  33G. — Evcry   slavc   or  free  negro,  who  shall 
smoke  hi  the  smoke  a  pipe  or  cigar  in  the  streets,  or  carry  a  club, 
streets,  &c.     jjtick,  or  any  kind  of  weapon,  shall,  on  conviction, 
be  punished   with    not    exceeding    one    hundred 
stripes. 
No  negro       §  337. — i^very  slave  or    free   negro,  who  shall 
bor  a  runa-   conccal  or  liarbor  a  slave   or  write  or  furnish  a  pass 
ways  ave.     ^^,  "free  papers"  to  a  slave,  shall,  on  conviction,  be 
punished  with  not  exceeding  fifty  lashes  on  the  bare 
back. 
Slaves  may        §  338. — On  the  application  of  a   citizen  who  is 
tJ^woT'by   the  owner  of  the  slave,  the  Mayor  shall  grant  a  li- 
tho  day.        censc  to  sucli  slavc  to  hire  his  own  time  by  the  day, 
for   the   purpose    of  cutting  or   sawing  wood,  and 
sweeping  or  cleaning  bed-rooms  and  offices^  and  do- 
ing such  other  jobs  as  may  add  to  the  comfort  of  the 
citizens. 
License  for       e  339.— On  the   payment   of  five   dollars    for  a 

negroes.  "^  ■■■    "^ 

washer-woman,  and  ten  dollars  for  any  other  labor- 
er, the  owner  shall  receive  a  badge  with  the  num- 
ber of  the  license,  engraved  or  painted  thereon, 
Avhich  shall  be  worn  on  a  conspicuous  part  of  the 
slave's  dress. 


S7 

§.  340.— The  Mayor  shall  iiol,  orant  liceuse  lor  a  J'j^'jJ/f 'J'J 
shive  imlcss  uiion  proof  of  the  shive's  ffood  moral  gi-aiit.  o  d 
character  ;  and  any  slave  wearini?  the  badge  of  an-   proof  of  tbo 

i.1  •         1  •  '  1  r  1  J.-  slave's  good 

other,  or  using  hi,s  or   her  own  tor  a  longer  time    ciiaracter. 
than  the  license  authorized,   shaJl;  on   conviction^ 
receive  not  exceeding  thirty -nine  stripes,  unless  the 
owner  or  person   controlling  tln^  slavo.  Avill   pay  a 
fine  of  ten  dollars. 

§  341.— Every  slave  licensed  to  work  by  the  day,  Jay-iSm- 
who  sliall  refuse  to  work  for  any  white  person,  un-   ^'^^'^  i-efusc 

J-  '  to  -work. 

less  previously  engaged  or  actually  employed,  shall 
receive  not  more  than  thirty- nine  lashes,  or  the 
owner  shall  forfeit  the  license. 

§342. — Every  person,  who  having  employed  a  fnsi "''jT't'^o 
licensed  slave  and  shall    iail   or  refuse  to  pay  such    payshaUbe 

■•-     •'  lined. 

slave  after  tlie  work  is  finished,  shall  be  fined  not 
more  than  ten  dollars. 

§343  .—Every  slave  or  free  negro,  who  shall  tres-    ^'\,  "^s^:" 

•'  •'  o      5  shall      1  o  1- 

pass  on  any  lot  or  loiter  about  any  private  residence    ^^-  ^   ai>o"t 
in  the  city  without  a  good  excuse,  shall,  on  convic- 
tion, receive  not  less  than  ten  nor  more  thirty-nine 
lashes. 
§  344. — Any  assembly   of   slaves,    without   tlie    I'niawfui 

assembly  of 

permission  of  the  City  Council  in  which  there  shall    slaves, 
be  more  than  five  negro  men,  not  engaged  in  work 
or  under  the  control   of  their  owner  or  manager, 
shall  be  unlawful,  and  each    slave  shall  receive  not 
exceeding  thirty-nine  stripes. 

§  345. — Every  white  person  of  suspicious  charac-  pprson"  'o'^r 
tcr,  or  free  negro,  who  shall  be  present  at  any  un-    '''ee  negro 

'  f^      '  I  -^  shall  bo  prc- 

lawfnl  assembly  of  slaves,  shall,  on  conviction,  be    ''^"*'  "t^  an 

,  .  iinliiwlul  as 

fined  in  the  sum  of  thirty  dollars,  one  half  of  which,    fcmbiy. 
shall  be  paid  to   the   informer,  and  if  there  be  no 
informer,  then  to  the  officer  making  the  arrest. 

§  34G.— Every  i)erson,  who  shall  sell,  or  barter,  J^.^n^'trS? 
or    give    to    a    slave,    spirituous    or    vinous    li-    ^^■'"'  »'avof< 


88 


or  sell  them 
liquors. 


Any  slave 
viol  ati  n  g 
prec  e  d  i  n  g 
section. 


How  the  pre 
ceding  sec- 
tion shall 
be  constru- 
ed. 


Proof  that 
a  slave  a  t 
night  c  a  r- 
ried  an  arti 
cle  of  traf- 
fic into  a 
place  where 
liquor  is  sold 
evidence  of 
illegal  tra- 
ding with 
slaves. 


Every  per- 
son trading 
illegally 
with  slaves 
shall  be  fin- 
ed. 


Half  of  the 
fine  paid  to 
the  mform- 


qiiors,  or  sell  to,  or  barter  or  buy  from  a  slave  any 
article  of  merchandise,  without  permission  in  wri- 
ting from  the  owner  or  manager  of  the  slave,  des- 
cribing the  article  to  bo  sold  or  bought,  shall,  on 
conviction,  be  fined  fifty  dollars,  one  half  of  which 
may  be  given  to  the  informer,  according  to  the  dis- 
cretion of  the  Mayor  or  Alderman  trying  the 
case. 

§  347. — Every  slave,  who  shall  violate  the  pre- 
ceding section,  shall,  on  conviction,  be  punished 
with  not  exceeding  thirty-nine  stripes  unless  the 
owner  or  manager  of  the  slave  will  pay  a  fine  of 
ten  dollars. 

§  348. — The  preceding  section  shall  not  te  con- 
strued so  as  to  prevent  a  slave  from  selling  milk, 
butter,  poultry,  eggs,  fish,  fruit,  vegetables  and  any 
table  supplies  under  a  general  permission  in  writing 
from  the  owner  or  his  or  her  agent. 

§  349. — Proof  that  a  slave,  having  an  article  of 
trafiic  entered  at  night  or  on  the  Sabbath  a  place 
where  ;^pivituous,  vinous,  or  malt  liquors  or  mer- 
chandise is  usually  sold,  and  came  out  without  it ; 
or  that  immediately  after  coming  out  of  such  a 
place,  the  slave  had  any  kind  of  liquor  or  merchan- 
dise, shall  be  considered  'prima  facit  evidence  of 
illegal  trading  with  such  slave  by  the  keeper  of  the 
place. 

§  350. — Every  person  who  shall  illegally  pur- 
chase, or  receive  from  a  slave,  cotton,  corn,  fod- 
der, oats,  wheat  fiour,  meal,  bacon,  pork,  or  any 
similar  articles,  shall  on  conviction,  be  fined  fifty 
dollars;  one  half  of  the  fine  maybe  paid  to  the  in- 
former, and  if  there  be  no  informer,  then  to  the 
officer  making  the  arrest,  or  all  of  the  fine  shall 
be  paid  into  the  city  treasury,  according  to  the  dis- 


81) 

cretion  of  the  Mayor   or   Alderman,  before  whom 
the  case  may  be  tried. 

^  351. — All  slave  traders,  or  persons  buying  ^^i'    NosUvo 

^  ^  ,      _  '  ^  ^    .       trader  shall 

selling  slaves  on  commission,   who  shall   exhibit  oxiiibitnoar 

,  T       n  TT  TIT      1  the     Court 

their  slaves  at  or  near  the  Court  House  or  Market^    House.   Ac. 
or  in  any  of  the  public  thoroughfares  of  the   city, 
unless  exposed  for  public  sale,  shall  be  fined  twent}'" 
dollars. 

§  352.— Every  slave   trader,  dealer  in  slaves,  or    Every .Mave 

''  •'  '  '  trader  sliall 

person  buying  or  selling  slaves  on  commission,  piocure  « 
who  shall  sell  or  offer  for  sale  a  slave  witliin  the 
limits  of  the  city,  without  a  license,  for  which  one 
hundred  dollars  shall  be  paid,  shall,  on  conviction, 
be  fined  fifty  dollars  for  each  day  this  section  shall 
be  violated. 

§  353. — Every  i'ree  negro,  wlio  shall  come  from    ^^^'^'^^  ."•=- 

"^  "  o      '  gro,  coming 

another  State,  or  fiom  any  part  of  this  State,  and  """»  ^  dis- 

remam  m  this  city  longer  than    twenty  days,  shall  st;iy  in  the 
be  fined  on  conviction  twenty  dollars. 

§  354. — The  city  clerk  shall  keep  a  book,  alpha-  The   clerk 

,       .      „  .  ^  ^  shall     keep 

betically  arranged,  which  shall  contain  the  name,    a  register  of 
the  age,  place  of  nativity,  the  occupation  and  place 
of  sleeping,  of  every  free  negro  in  the  city. 

§  355.— The  clerk  shall   collect    a    fee   of  fifty    •^"I'^'k's  <ee 

.  .  ,  *^      for  regi.ster- 

cents  for  registering  every  free  negro,  according  to    ing  free  lu - 
tlie  provisions  of  the  preceding  section,  and  the 
further  sum  of  fifty  cents  for  registering  any  change 
of  residence  or  place  of  sleeping, 

§  356. — Every  free  negro,  who   moves  his  place    No  free  ne- 
of  sleeping  within  the   limits  of  the  city,  and  fails    move    his 
to  go  forthwith  before  the  clerk  and  register  the  re-   sleeping. 
nioval,  and  the  place  then  occupied  by  him,  or  her, 
shall  be  fined  ten  dollars. 

§  357. — The   marshal   shall    examine  the  book   '^,^!'   'l'"?": 

shal     shall 

ko]it  by  the  clerk,  at  least  once  in  three  months,    examine 

I*' 


90 


the  book 
kept  by  the 
Clerk,  Ac. 

r  r  e  c  n  e- 
groes  failing 
t  o  r'egister 
their  names 


Free  n  e- 
groes  to  b  «^ 
taxed. 


A  free  n  e- 
gro  having 
n  o  proper- 
t  y  with 
w  h  i  c  h  to 
pay  taxe.?. 


No  free  ne- 
gro shall  be 
out  after  iti 
o'clock.  P. 
M. 


No  free  ne- 
gro shall  as- 
sociate witli 
slaves. 


A  free  u  e- 
gro  not  i:>ay- 
iiig  a  fine. 


No  free  ne- 
gro who  is  a 
11  o  n-r  e  s  i- 
(lent  shall 
work  in  the 
city  with- 
out license. 


visit   tlic   residence  of  the  free  negroes,  and  arrest 
any  negro  violating  the  laws  of  tlie  city. 

§  358. — Every  free  negro,  who  shall  fail  or  re- 
fuse to  register  his,  or  her  name,  age,  occupation, 
residence,  or  place  of  sleeping,  shall,  on  conviction, 
he  fined  twenty-five  dollars, 

§  359. — Every  free  male  negro  over  fifteen  and 
under  fifty  years  of  age  shall  pay  an  annual  tax  of 
ten  dollars,  and  every  free  negro  woman  over  fifteen 
and  under  fifty  years  of  age,  shall  pay  an  annual 
tax  of  five  dollars. 

§  360. — Any  free  negro  destitute  of  property, 
and  failing  to  pay  the  said  tax,  shall  be  hired  out 
by  the  marshal  to  any  person  who  will  pay  the  tax, 
and  take  the  negro  for  the  shortest  time  for  his,  or 
her  labor. 

§  361. — Every  free  negro,  who  shall  be  found  in 
the  streets  after  half-past  nine  o'clock  at  night, 
shall  be  fined  five  dollars  ;  and  in  default  of  pay- 
ment, shall  receive  not  exceeding  fifty  lashes. 

§  362. — Every  free  negro,  who  shall  associate 
with  slaves  in  any  house  or  lot  within  the  limits  of 
the  city,  without  permission  of  tlio  owner  or  mana- 
ger of  such  slave,  shall  be  fined  five  dollars. 

§  363. — Any  free  negro  over  the  age  of  fifteen, 
failing  to  pay  a  fine  imposed  for  the  violation  of 
any  law  of  the  city,  may  be  imprisoned  not  exceed- 
ing sixty  days,  or  be  compelled  to  work  on  the 
streets  at  the  rate  of  one  dollar  per  day,  until  such 
fine  is  paid. 

§  364. — Every  free  negro,  residing  out  of  the 
city,  who  shall  work  within  its  limits  without  a 
license,  for  which  the  sum  of  twenty  dollars  shall 
be  paid,  shall  be  fined  five  dollars,  for  each  offence. 


91 
CHAPTER  XXV. 

STREETS    AND    SIDEWALKS. 

§  ofio. — Every  i>crson  who  shall  erect,  or  extend,  ^' "  rerson 

or  enlarge  a  house  or  Duikling,  or  extend  a  fence  croach    ou 

80  as  to  encroach  upon  the  streets  or   sidewalks  of  walks, 
the  city,  shall    he    fined  ten  dollars   for  every  day 
such  obstruction  or   encroachment    shall  continue. 
after  being  notified  by  an  officer  to  remove  it. 

§  3GG. — Every  owner,  agent  or  claimant  of  a  lot  p/o7  aTot 

in  the  city,  who  shall  fall  to  make  and  keep  in  good  ^'^'^'"6  *  " 

repair  a  sidewalk  on  the  whole  length  of  such  prop-  keep  in  re- 

*•  ^  _    ^  '^       '■       pair  the  side 

erty,  of  the  following  width,  viz  :  ou  streets  over  walk, 
sixty  and  less  than  one  hundred  feet  broad^  a  side- 
walk twelve  feet  wide  ;  on  streets  more  than  one 
hundred  fee.t  in  breadth,  a  sidewalk  fourteen  feet 
wide,  exclusive  of  the  gutters,  shall  be  fined  twen- 
ty dollars. 

§367. — No    i)L'r.soii  shall    be  comijelled  to  repair    City  Co un- 

•'  ^  _  '^  '^      _       cil  shall  or- 

the  sidewalks  adjoining  his  property,  except  in  obedi-   fier  the  re- 
pairing o  f 
eace  to  an  order  for   that   ])nrpose,    passed  by   the   sitiewaiks. 

City  Council. 

§  368.— Every    ])erson,    who    shall   encumber  a   -'^"^  Pf'^'^'^ 

''  J     L  ■  encumb  o  r- 

streetor  sidewalk  with  goods  or  merchandise,  lum-    ing  street  or 

"  '  sidewalk 

ber,  or  fuel,  or  any  article  whatever,  or  with  a  car-   with  any  ar- 
riage,  wagou  or  other   vehicle  not   in  immediate 
use,  for  a  longer  time  tlian  is  absolutely  necessary, 
shall  be  fined  ten  dollars.  ^   ^   '^ 

369. — The   preceding   section   shall   not  be  so   iJe^rail!^ 
construed  as  to  deny  any  i)erson  for  the  purpose  of  'ij^g^'^JJis^ru- 
building,  the  right  to  occupy  one-third  of  the  street   "^^i- 
in  front  of  his  or  her  lot  for  forty  days. 

§  370. — When  any  person  shall  fail  to  repair  the  J^''*'°f*|Ys 
sidewalk  by  his  or  her  lot  for  five  days  after  the  to  repair  hin 
City  Council  shall  order  it  to  be  done,  the  sidewalk    w«ik. 


f 


92 

shall  be  put  in  good  order  by  the  street  hands,  and 

^      the  cost  thereof  shall  be  charged  to  the  owner,  and 

\     collected  from   him  by  the  marshal  upon  the  com- 

\   pletion  of  the  work. 

No  occupant       §  ^^ji — Every  occupant  of  a  house  or  tenament, 

of    a   house  ^  J  i  ^  j 

shall  throy  who  shall  tlirow  filthy  water,  or  fluids  of  any  de- 
the  street.-     scriptiou  from  such   house   or  tenament   into   the 

■;    streets  or  sidewalks,  shall  be  fined  five  dollars,  for 

\  each  offence. 

No  person  /  §  372. — Evcry  persou,  who  shall  throw  or  de- 
ft ^offensive/  P^sit  offal  or  other  offensive  matter  in  the  streets, 
the^street  ^  Gxccpt  at  the  intersection  thereof,  shall  be  fined  five 

\  dollars. 
streets  e  x-        K  3*73. — The  provisions  of  the  precedino;  sections, 

cepted  from  . 

forego  ing   shall  uot  apply  to  Market  street,  west  of  the  Capi- 

section.  -,  ri  t  t-» 

tol,  nor  to  Commerce  street,  nor  to  Lawrence,  Per- 
ry and  Court  streets  between  Washington  and  the 
nor  til  side  of  Monroe  street. 

Height  of  §  374. — Every  person,  who  shall  build  a  cellar 
door  above  the  level  of  the  side  walk,  shall  be 
fined  five  dollars^  and  one  dollar  for  every  day 
thereafter  the  cellar  door  shall  remain  higher  than 
the  sidewalk. 

^'o   person       ^  375 _ — Every  person  who  shall  without  the  con- 

siistii    Greet 

steps  across    sent  of  the  City  Council  erect  steps  on  a  sidewalk, 

shall  be  fined  ten  dollars. 
N  0  person       g  3*76. — Every  person,   who   shall  obstruct  the 

shall     ob-  (>ii'  -IT  1  1 

struct  the  gutters  or  sewers  of  the  city  with  dirt,  trash,  Avood, 
sewers.  lumber^  brick  or  other  material,  shall  be  fined  five 

dollars. 
No  horse       8  377. — Every  person,  who  shall   tie  or  fasten  a 

shall  be  fas-  .  n  - .       . 

tened  near   horsc  lu  sucli  a  manner  as   to   permit   it  to   stand 


the   side 


walk.  upon  the  sidewalk,  shall  be  fined  five  dollars.  1^  1 


c^ 


Any    horse  /     §  3*78. — Any  liorsc  found   upon  the  sidewalk  in 
■violation  of  the   preceding  section,  shall   be  seized 


93 

and  detained  by  the  citv  marshal   until    the  fine  is   si<ie\vaik 

•'  -  shall    be 

paid.  seized. 

^  379. — Every  person,  wlio   shall  ride,  Jrive,  or    ^"^^  pcrsuu 

■       ,  shall  ride  or 

lead  a  horse  on  a  sidewalk,  shall  be  fined  five  del-   drive  on 

sidewalks. 

lars  ;  but  this  shall  not  be  so  construed  as  to  pre- 
vent a  person  from  riding    or   driving    across    any 
part  of  a  sidewalk  used  for  the  })urpose. 
§  380. — Every  person,  who  shall    make  a  privy    N  o    privy 

.,.      /.         r.  p         .,  ■,■,  •!•  „„shallbc 

Within  iourieet  oi  a  sidewalk,  or  within  two  leet  ot    buiitwithiu 
his  boundary  line  (unless  by  consent  of  the  proprie-   ^ll\  TiVc- 
tor  of  the  adjoining  lot,)  sliall  be  fined  five  dollars;    ^^^i'^- 
and  on  failure  to  remove  the  privy,  or  on  a  second 
conviction  of  the  offence,  lie  shall  bo  fined  five  dol- 
-lars  for  each  day  it  shall  remain. 

§  381. — Any  person,  who  shall  camp  at  night  on    ^  o  iiersou 
a  street  or  on  any  public  grounds  within  the  limits  on  the  street 

'  ^  or  any  pub- 

of  the  city,  shall  be  fined  five  dollars  for  each  night  He  ground, 
of  such  encampment. 

§  382. — The  provisions  of  the  preceding  section,  Persons 

shall  not  apply  to  persons   campins:   on  the  banks  bark   on 

.  .  ,      ,        .  .  r  1         .  1         .         boatsnotaf- 

of  the  river  with  the   intention  of  leaving  the  city   fected    b  y 

1       .  ])  r  0  c  eding 

on  a  boat.  section. 

§  383. — Every  person,  who  shall  fly  a  kite  within    Persons  fly- 

1   11  ?    kites 

the  limits  of  the  city,  shall    be   fined  five  dollars  ;    shall  be 
and  every  slave   or   free   negro,  violating  this  sec- 
tion shall  receive  not  exceeding  twenty  lashes. 


CHAPTER  XXVI. 

TREASURER,    TAX    ASSESSORS  .ANp   TAXES. 

§  384. — The  City  Council  shaU^leet  annually  a   The  c  i  t  y 
Treasurer,  who  shall  take  an  outh-lof'di.'j'charge  faith-   shall  anVu- 

fully  the  duties  of  this  office.  "      ''* '     "  TrLurof. "" 


94 


The  City       g  335 _ — The  city  treasurer,  ijefore  entering  upon 
:=haii  give  a   the  cluties  of  his  office,  shall  make  a  bond  for  such 

bond. 

sum  as  the  City  Council  may  reo[uire,  with  good 
sureties,  approved  by  the  City  Council,  for  the  per- 
formance of  his  duties,  and  the  custody  of  all  mon- 
ey or  papers  received  by  him. 

§  38f). — The  Treasurer  shall  receive  all  money 
belonging  to  the  city,  and  state  from  whom  and 
lonffmcr^t'^o  when  obtained,  and  whether  it  be  derived  from 
the  city.  <te.  taxcs,  fincs  or  liceuses,  or  any  other  source,  and 
pay  out  money  only  under  an  order  of  the  City 
Council,  passed  in  open  council  upon  tlie  certificate 
of  the  clerk. 


TheTreasii  ■ 
rer  shaU  re- 
ceive    the 


The  Treasu- 
r  e  r  shall 
make  r  e  - 
ports  month 
Iv, 


Tiie  account 
of  the  treas- 
urer shaU 
be  tiled  with 
tlie  clerk. 


salary  o  f 
the  Treasu- 
I'cr. 


The  City 
Council  has 
])ower  to  re- 
move treas- 
urer. 


AjSpoiutin  'j;' 
of  tax  asscsi 
sors. 


^  337. — The  Treasurer  at  the  iirst  meeting  of  the 
City  Council,  in  every  month,  shall  render  an  ac- 
count of  all  the  money  received  and  paid  out  by 
him,  with  written  vouchers  to  sustain  credits  claim- 
ed by  him. 

^  38S. — -The  account  of  the  Treasurer  after  being 
approved  by  the  City  Council,  shall  be  recorded  by 
the  clerk,  and  the  account  and  vouchers  filed  in  his 
office,  every  settlement  so  made  shall  be  considered 
prima  facie  correct. 

^  3g9.__The  City  Council  shall  hx  the  salary  of 
the  treasurer  prior  to  his  election,  and  shall  not  di- 
minish it  during  his  term  of  office. 

^  390.— The  City  Council,  shall  have  full  power 
to  remove  the  treasurer  at  any  time,  the  interest 
of  tbe  city  requires  his  dismissal,  and  elect  his 
successor. 

§  391.— The  City  Council  shall  appoint,  annu- 
ally, three  assessors  of  taxes,  who  shall  be  resi- 
dents of  the  city. 


t)5 

§  :]\)2. — Tlic  assessors,  iifter  hciiig  sworn  to  per-  f^^Vll^^hiiii 
iorm  their  duties  faithfully,  sl\all  estimate  tlio  make  lo- 
value  ol"  all  real  estate  in  the  city  according  to  then- 
judgment,  and  report  such  valuation  to  the  Mayor 
on  or  before  the  first  day  of  July  in  each  year,  un- 
less further  time  shall  he  gi-anted  hy  tlie  City  Coun- 
cil. 

§  :V3o. — The  assessors  having  made  their  return,    ti.c  Mayor 

^  .  shall  give 

the  Mayor  shall  lay  it  before  the  City  Council,  and   notice  of  tiie 
give  ten  days'  notice  of  the  assessment,  and  in  such    .t^. 
printed  notice,   he  shall    also   appoint   a   time  for 
hearing  and  determining  all  complaints  against  the 
jiction  of  the  assessors. 

§  394. — At  the  time   appointed   lor    licaring  oh-    Tiie  assess- 

,.  .  [^  ^  nieut  shall 

jections  against  the  valuation  made  hy  the  assessors^   create  a  lien 

...  ,         -,  nil  (lie  prop- 

all  errors  and  omissions  shall  be  corrected  and  sup-   cvty.  xc. 

plied   by   the    City    Council,    and   the   assessment 
when  approved  and  the  tax  laid  thereon,  shall  cre- 
ate a  lien  on  the  property  for   the  taxes  of  the  cur- 
rent year. 
V      §  395. — The  taxes,  assessed   by  the  authority  of  (Collection 
I    the  City   Council,  shall    he   collected   by  the   city    "<■  ♦«^^^- 
Y  clerk. 

*  •   §  390. — On    the    ;4ii)lication   of   the   clerk,    the    The  Mayor 
/  Mayor  shall  issue   an   execution  after  the  first  day    cierk^^shau 
/    of  March  in  every  year,  against  any  property  owned   "''^" 
/     by  a  person,  who  shall  neglect  to  pay  the  tax  due 
from  him  or   her  on  the  last  assessment ;  and  the 
\     clerk  shall  levy  the  execution  and  collect  the  money 
\    due  thereon . 

§  397. — The  clerk  having  levied  an  execution  on    '^  '\f  ^le^k 

•^  shall  adver- 

personal  property  after  advertising  for  ten  succes- tiBPt^^'*p^o^- 
,  .  .  ",  ertA',  Ac. 
sive  days   in   a  city  newspaper,  the  i)roperty,  the 


an  ex- 
011.  itc. 


f 


time  and  jilace  of  sale,  shall  sell  the  said  property 
for  cash  at  public  auction  before  the  Court-ITouse 
door,  or  at  the  Artesian  Basin,  and  apply  the  ])ro- 


I 


96 

ceecls  of  the  sale  to  the   payment  of  the  taxes  due, 

together  with  all  the  costs  incurred. 

Sateadven.      §  398.— When  the  execution   is  levied   on    real 

tised.        /    estate,  the  owner  of  which  is  known,  the  clerk  shall 

^    advertise  in  a   city  newspaper  for  thirty   days   the 

property,  the  time  and  place  of  sale,  together  with 

the  amount  of  tax  due  thereon,  and  if  the  owner  of 

the  real  estate  he  unknown,  then  the  clerk   shall 

Xpuhlish  such  notice  for  ninety  days. 

The  assess- ,      §  399^ — When  taxes  are  assessed  against  real  es- 

ment  prirdci'         "^  "^ 

facie   ovi-    tatc  the  owncr  of  Avhicli   is  not  known,  the  assess- 

dence. 

ment  shall  he  prima  facie  evidence  that  the  owner 
is  unknown. 
Real  estate   ,^  §  400_ — j^j-^y  i^t,  or  subdivision  of  a  lot,  if  sepa- 

sold  for  tax-  , 

es  may  h  ^'  rately  assessed  may  be  sold   for  taxes,  and  may  be 

/    redeemed  by  the  owner,  or  his,  or  her  agent  at  any 

j      time  within  two  years  from  the  sale,  upon  the  pay- 

Iment  to  the  purchaser,  or  to  the  city  treasurer  for 
him,  four  times  the  amount  of  taxes,  costs  and  ex- 
penses,  paid  by  the  purchaser,  and  interest   at  the 
J      rate  of  twenty  per  cent,  per  annum^  on  all  the  pur- 
\     chase  money  over  and  above  the  taxes,   costs,    and 
V  expenses  of  such  sale. 

li!dVo'i  ,*^§  401.— The  proceeds  of  the  sale,   exceeding  the 
property, /taxes,  interest,  costs,   and- expenses,  shall   be  paid 

sold  for  tax-;    _ 

«s.  >■  into  the  city  treasury  for  the  owner,   and  the  treas- 

I    urer  shall  be  responsible  on  his   official   bond   for 
the  safe  custody  of  them. 

City  Coun-  §  402. — The  City  Council,  by  its  agent,  may  pur- 
chaTe^"^reai  chase  real  estate,  sold  for  taxes,  and  the  convey- 
for^axes°  ^  ^ucc  of  it  shall  be  made  to  the  Mayor  for  the  use 
of  the  city.  The  real  estate  so  purchased  by  the 
citj^  shall  be  subject  to  redemption,  as  in  other 
cases,  and  when  redeemed,  shall  be  conreyed  by 
the  Mayor  to  the  original  owner. 


§  403. — All  sales  shall  he  made  before  the  Court-   The    j.iac- 
House  door,    or    at  the    Artesian    Basin    in    Court 
^<|uave. 

§  404. — Every  person,  who  shall  pay  the  tax  as-  Persons 
sessed  a^jiainst  his  or  her  property  prior  to  the  first  ,^3'^^IriorTo 
dav  ofDeccuiber  next  after  the  assessment,  shall  be    '"■«*  "f  i>e- 

'  comber. 

entitled  to  a  reduction  of  interest  from  the  payment    ivrsonsfaii 
till  tlu' first  day   of  December,    and    every   person    f'"fo*^nfnNt 
who  shall  fail    to  pay  the  tax    on   the    first   day  of   i^ecember. 
December,   sluill    pay  interest   on    the   amount   of 
taxes  dnc.  from  tliat    time   initii    the   t;ix  shall    he 
])aid. 

§  40.J, — Every  lawyer,  doctor,  and  dentist,  shall    Doctors!'  x 
pay  an  annual  tax  of  five  dollars.  Dentists. 

§  406.— Every  daguerreotypist,   ambrotypist  or    f^^fJJ'^""^''" 
artist  of  like  char;icter   shall    pay  an  annual  tax  of 
five  dollars. 

g  407.— All    -old  watches    shall    ))e    taxed   fifty    ef  aTf " 
cents,     and    all    «;old     watch-chains,     twenty-five    ''•'^'"ns- 
cents;  all  silver    watches    and    nil    clocks   shall  l»e 
taxed  twenty-five  cents. 

§  408, — All  furniture,   silver    ware,    and    silver    All   funii- 

11  1  1  ,•   i>        1  1       1     1    T  ture,   silver 

plated  ware  over  the  value  ot  five  nundretl  dollars,    wares.  Ac. 

shall  be   taxed   annually    one    ((uarter  of  one    per 

cent,  on  its  value. 

<i  409. — Every  white  nuiu    between    the    acjes  ot    A  1 1  white 
•'  *'  '^  raen  taxed. 

twenty-one,  and  fifty  years,  shall  be  taxed  two  dol- 
lars. 

^  410. — Ever V  saddle  or  carriage   horse'shall  be    Sad.iie    or 

■'  "  '^  -  caruagohor 

taxed  one   dollar,  and  every  ideasure  carriage  one    sesandcar- 

■  riagos    tax- 

per  cent,  on  its  value.  cd. 

i}  411.— Every  slave  over    ten  and    under  fifteen    sIy'^'I'"*" 
■'  ''  be  taxed. 

years  of  age,  shall  be  taxed  fifty  cents,  and  every 
slave  over  fifteen  and  under  fifty  years  of  age,  shall 
be  taxed  one  dollar. 

12 


98 


CHAPTER  XXVII. 


VOTERS. 


Illegal  \  o-        ^  412. — Everv  person  who  shall  vote  illegally  at 

ting.  .  ,  »       ^ 

any  election  for  Mayor,  aldermen    or   clerk   of  the 
city,  shall  he  fined  fifty  dollars. 


CHAPTER  XXVIII. 


WirAKFIN(,'ER.    AVHARFAUE    AND    WHAVES. 


Election  of       §  413. — The  City  Council  shall  elect  annually  a 

wharfinger. 

wharfinger,  and  fix  his  salary,  which  shall  neither 
he  increased  nor  diminished  during  his  term  of 
office. 
Tiiewhar-  §414. — Thc  Avharfingcr^  before  entering  upon 
innke  oafh.  the  dutics  of  liis  ofiicc,  shall  make  the  following 
afiidavit,  Avhich  shall  he  filed  with  the  clerk  :  "  I 
do  solemnly  swear  or  aflirm  that  I  will  discharge 
the  duties  of  Avharfinger  of  the  city  of  Montgomery, 
to  the  best  of  my  ability,  and  will  be  diligent  in 
assessing  and  collecting  wharfage  due  the  city." 

Jngerlhaii        §  '^^^- — ^^^^  wharfinger  shall    also  give  a  bond 

give  bond.     Qf  ^gj^  thousaud  dollars,  with  sufficient  sureties  for 

the  faithful  performance  of  his  duties,  and  for  the 

payment  to  the  treasurer  under  the  direction  of  the 

City  Council,  of  all  money  or  property  of  any  kind, 

l)elonging  to  the  city. 

The    whar-        §  416. — The  wharfinger,  shall   keep  a   book,   in 

ke'lnl  book!   which  shall  be  entered  the  wharfiage,  collected  each 

*<••  (lay,  the  amount  paid   upon  each    article,  and  th© 


99 

uame  of  the  |)ersoii  by  whom  it  was  paid  ;  ami  the 
said  book  shall  be  subject  to  the  inspection  of  the 
Mayor  or  an  Alderman  at  all  times,  and  on  the  re- 
signation or  removal  of  the  wharfingoi',  ho  shall 
deliver  the  book  to  tlie  City  Council. 

§  417- — The  \vhariimi;er,  shall  render  an  account    '^"''''    ^^'lar 

•  .  o     ^       r^-  linger  gliall 

at  the  first  meeting  of  the  City  Council,  in  every    >"  a  k  «'    » 

oiiftrtorlv  Ttt 

month,  and  oftener  if  required  by  the  City  Council,    port.     " 
in  which,  he  shall  state  the  money  received  by  him, 
and  the  amount  paid  over  to  the  treasurer  under  the 
direction  of  the  City  Council. 

§  418. — The   Avhartinger,   .shall     report    to    the    J^!  ^}^"'': 

^  -^  finfier  shall 

Council  what  repairs  are  needed  on  the  Avharf.     He  report  what 

1     11       iii       11    T  •  1      •  •        repairs   are 

shall  settle  all  disputes  m  relation  to  places  upon  it,    needed,  o  n 
and  have  a  general  control,  and  superintendence  of 
it  for  the  interest  of  the  city. 

ij  419. — All  goods,  wares,  and  merchandise,  cot-    Uateo  oi 
ton,  lumber,  brick,  stock  and  all  things  whatever,    ''^  ^"'"  ^^^'^• 
shipped  from  or  landed  on,  the  city  wharf,  shall  be 
subject  to' the  following  rates  of  wharfage,  viz  : 

For  each  bale  of  cotton , {{50,08 

''  "     barrel, 05 

"  "     sack  of  coffee 03 

''  "      "      ''   salt, 03 

U  U        C.        ..    o^ySLUl, 03 

"  hogshead  or  pipe, 02 

• '  hundred  weight  of  any  metal , 02^ 

"  buggy  or  sulky, 75 

"  carriage, 1,00 

"  thousand  feet  lumber, 50 

"  horse  or  cow, 10 

' '  sheep  or  hog, 02^ 

Boxes,  packages,  or  merchandise  at  the  rate  of  one 
cent,  per  square  foot     All  other  articles  shall  pay  at 


100 

tlie  above  rates,  and  accordino;  io  wei,s;']it  and  meas- 
i!i-ement. 

wh'^fingor.'  ^  420.— The  whartino-er  si. all  liave  a  lien  nt>on 
all  articles,  and  every  species  of  jnopertj  subject  tn 
wharfage,  landed  on,  or  shipped  from,  the  city  whari, 
and  shall  retain  possession  of  such  articles  Ar  prop- 
erty until  the  wharfage  is  paid. 

Xo   person        ^  421 . —Every  person,    who    shall.  ..n    the.Sab- 

stiall  receive         -^  J    i  ^ 

merchan-    bath,  receive  or  deliver  ou  the    wharf,   or    at   any 

dise  on    tlio 

Sabhntii.  placcwitliin  the  limits  of  the  city,  bales  ot  cotton, 
produce,  goods,  wares,  and  merchandise,  or  stock 
of  any  kind,  shall,  on  Ciinvictlon,  be  fined  fifty  dol- 
lars. 

Tax  on  all         ^  422. — The    wharfinger,    shall    demand    of  the 

boats  at  tlio.  i         .  ^  ,•  i  i        i    r- 

wharf.  owner  or  person  having  ciiargi^  of  a  steamboat  five 

dollars,  and  of  the  owner  or  p'erson  controlling  a 
barge,  flat-boat,  or  any  boat  carrying  freight,  two 
dollars  for  every  day  such  boat  may  be  at  the  city 
wharf. 

Any  jiersou        i;)  42o. — Auy  pei'sou  luiviug  a  boat  at  the  wharf, 

refusing   to  '  "  .  ,     .        , 

pay  tax.  and  refusing  to  pay  the  tax  mentioned  m  the  pre- 
ceding section,  shall  be  fined  ten  dollars  in  addi- 
tion to  the  tax,  due  on  sucli  boat. 

TersouB  re-        K  424. — The  marshal  upon  being  notified  by  the 

liisiugtopay         '  ,■        ^  i 

t  h  e   above    wharfinger  of  such  a  person  s  refusal  to  pay  the  tax, 
arretted.  '     duc  upou  a  boat,  shall  take  such  person  before  the 
Mayor  or  an  Alderman,  and  shall  receive  from  the 
delincjuent  two  dollars  for  making  the  arrest. 
Removing        §  425. — Every  persou  wlio  shall  remove    rocks, 
S?n?^'t\''e    pebbles,   or  gravel  from  the   city  wharves,  shall   be 
'''''^'■''-  fined  five  dollars  for  each  oftenco. 


TO    PROVIDE    FOH    I>T("tHTI\G   THE   TTTV    OF    ^fONTOOMERY 
WITH   (US. 

Section  1. — Be  it  ordained  hi  the  City  Council  of  'f'^'    P':'\'i- 

''  ^  *       lego  of  light. 

Montcfomenj,  That  from  and  after    the  passage  of  i°s  t'le  citj^ 
this  ordinance,  the  exclusive  i)rivilege  shall  be,  and   grantecf  t  o 
the  same  is   hereby  granted   for   the   term  of  fifty    frcy  &  To. 
years  from  the  first  day  of  November,  A.  1).,  1852, 
to  John  Jeffrey  &  Co.^  of  Cincinnati,  Ohio,  their  as- 
sociates successors  and  assigns  of  laying  pipes   for 
conducting  gas  under  any  street,  alley,  or  tliorough- 
iare  Avithin  the  corporate  limits  of  the  city  ;    Provi- 
ded, that  the  said  pipes  shall  be  so  laid  as  not  to  in- 
terfere witlithe  drainage  or  sewerage  or  the  grade  of 
any  street,  alley  or  tlioroughfare  in  said  city  ;  and 
Provided,  that  if  any  changes  or  alterations  in  the    Proviso. 
drainage,  sewerage  or  grade  of  any  street,  alley  or 
thoroughfare  shall  be  made   by  order  of  the  City 
Council,  wl\ich  shall  render  a  change  or  alteration 
necessary  in  tlie  position  of  said  gas  pipes,  the  ex- 
])ense  of  all  such  changes  and  alterations  shall  bo 
paid  by  the  City  Council  of  Montgomery. 

Sec.  2. — That  the  ])ri\-ilege    herein   granted  in    I'l'""    appa- 

i-  '^  ^         ^  ratusfortho 

upon  the  condition  that  the  said  John  JeftVcy  &  Co. ,  ma  n  u  f  ao- 
shall,  on  or  before  the  first  day  of  May,  A.  D.,  shall  be 
18o4,  have  coraplet-ed  the  requisite  apparatus   for    i,"nT  thrp'e 


104 
vniies   of  maiiutkcturiiis;  s^s,  aud   .shall  have  laid  in  coniiec- 

pipes  1  a  1  d       _  o  o      / 

on  or  before   tioD  therewith  three  miles  of  main  pipe   in   the 

May    ]  s  t.  ^    ^  , 

is.vt.  streets  of  Montgomery,  and  shall  further  lay  from 

time  to  time  such  additional  main  pipes  in  any  street, 
alley,  or  thoughfare  as  shall  be  required  hy  the 
said  City  Council  ;  Provided,  that  the  demand  lor 
gas  to  be  supplied  by  such  extension  shall  ai6for<l  a 
reasonable  prospect  for  a  fair  remuneration. 
Sii  noTbc  ^^^-  3.— That  the  gas  works  shall  not  be  erected 
e  r  e  e  ted    vvithiu  ouc  hundred  yards  of  anv  habitation  within 

within  one  ^  "^ 

hundred   the  corpoiate  limits  of  the  citv,  without  the  consent 

vards  o  f  a  "  .  „       . 

Ihvoiiing.      of  the  owners  thereof,  and   the  operations  of  said 

gas  Avorks,  shall  be  so  conducted  as  not  to  occasion 

injury  to  the  health   or  comfort  of  the  inhabitants 

of  the  city. 

Bef.rc  bo-        Sec.  4. — That  whenever  the  said  John  Jefi'rey  & 

b  r  ell.  k     Co.,  desirc  to  break  ground  in  any  street,  alley,  or 

ijie"purpo°se    tlioroughfare  for  the  purpose  of  laying  pipes,  they 

oipes!Trel    ^^^^^^  S^^^  ^^  ^^^^^  *^^^'^^  '^^''^j' ^  iioticc  thereof  to  the 

day's  notice    Mavor  or  marshal  of  the  citv,  and  during  the  pro- 
must  be  ,triY  "  "  . 
'^n-        '        gress  of  the  work,  they  shall  not  unnecessarily  ob- 
struct or  incumber   said  street,  alley,  or  thorough- 
fare, and  shall   proceed   with   all    reasonable  ciili- 
gence  to  complete   the  work,  and  when   the  pipes 
are  laid  they  shall  repair  the  street,  alley,  or  thor- 
oughfare in  such  manner  as    shall  be  approved  by 
the  said  Mayor  or  marshal  of  the  city. 
The  city  of       Sec.  o. — That  the  said  John  Jeffrey  tV;  Co.,  and 
^y^'^sifaTbe   ^heir  associates,  successors  and  assigns  shall,  from 
furnished   time  to  time,  and  at  all  times   furnish  to   the  city 

with  gas  at  i  i  /.  i 

one-half  the   of  Montgomery,  for  the  public  use  and  beneht,  such 

paid  by  pri-    quantities  of  gas  of  the  most  approved  (Quality  for 

low-  *  '   '     lighting  cities,  upon  the  several  streets,  alleys,  and 

thoroughfares  in  which  gas  pipes    shall   be  laid  as 

may  from  time  to  time   be   required   by  said  City 

Council,  and  for  the  gas   furnished   and  consumed 


105 

for  the  public  benefit  as  hereiTi  provided,  the  said 
City  Council  will  pay  the  said  John  Jeffrey  & 
Co.,  one-half  of  the  price  per  cubic  foot,  at  which 
gas  shall  be  furnished  by  them  to  the  citizens  ot 
Montgomery  for  private  consumption  as  hereinaf-  j^*"J^'p„"";^ 
ter  provided.  And  all  public  lamps  and  lamp-posts,  J^^^JJ^'j^^  [y^ 
and  fittings,  and   fixtures  thereto  belonging,  shall    expense  oi 

tnc  citv. 

be  provided,  and  erected  by  the  said  John  Jeffrey 
&Co.,at  the  expense  of  the  said  City  Council, 
and  the  necessary  service  pipes  leading  to,  and  con- 
necting therewith  shall  be  supplied  and  adjusted  by, 
and  at  the  expense  of  the  said  John  Jeffrey  &  Co. 
Sec.   fi.— That  the  said  John  Jeffrey  &  Co.,  and   Thecitizens 

shall  be  sup 

their  associates,  successors  and  assigns  shall  at  all    plied   with 

gas,  Ac. 

times  supply  the  inhabitants  of  the  city  of  Mont- 
gomery for  private  use  in  the  manner  most  approved 
with  a  sufficient  quantity  of  gas  of  the  most  ap- 
provec^quality  at  as  low  a  price  per  cubic  foot  of 
gas  consumed,  as  the  same  quantity  of  gas  shall  be 
furnished  for  the  same  purpose  to  the  inhabitants 
of  any  toAvn  or  city,  similarly  situated,  of  eij^ual  or 
greater  population,  than  the  city  of  Montgomery 
in  the  Southern  States,  Provided,  that  the  said 
John  Jeffrey  &  Co.,  shall  not  be  required  to  pro- 
vide gas  as  aforesaid  for  private  consumption  to 
persons,  whose  premises  are  not  within  a  reasonable 
distance  of  a  supply  pipe  already  laid,  nor  to  any 
person  who  will  not  pay  for  gas  monthly  in  advance 
if  so  required,  and  Provided,  further  that  the 
said  John  Jeffrey  &  Co.,  may  furnish  gas  to  any 
person  for  private  use,  at  a  distance  from  supply 
pipes  already  laid,  beyond  what  is  contemplated  in 
thjs  ordinance  and  may  charge  for  gas  so  furnished 

such  additional  price  as  may  be  agreed  upon  by  the 
contracting  parties. 

14 


lot) 
Measure-        gEc.  7. — That  the  amount  of  ffas,  consumed  sliall 

mentofgas.  °      ' 

be  ascertained  by  metre  measurement  in  the  usual 
way. 

The  City        Sec.  8. — That  at  the  expiration  of  twenty-five 

( )  o  u  n  c  i  1 

shall  have  years  from  the  first  day  of  November,  A.  D.,  1852, 
purchase  the  City  Council  of  Montgomery,  shall  have  the 
works.  ^  * '  right  or  privilege  of  purchasing  from  the  said  John 
Jeffrey  &  Co.,  and  their  associates,  successors, 
and  assigns,  all  the  pipes,  buildings  and  appa- 
ratus constituting  the  gas  works  at  such  a 
price  as  may  be  ascertained,  and  determined  by 
five  disinterested  men,  two  of  whom  shall  be  cho- 
sen by  the  City  Council  of  Montgomery,  two  by 
the  said  John  Jeffrey  &  Co.,  and  their  associates, 
successors,  and  assigns,  and  the  fifth  by  the  four 
thus  chosen. 

corporation.  Sec.  9. — It  is  Understood  that  the  said  John 
Jeffrey  &  Co.,  will  endeavor  at  the  next  session  of 
the  Z/egislature  of  Alabama  to  obtain  an  Act  of  in- 
corporation in  order  to  afford  to  such  citizens  as 
may  desire,  or  to  the  City  Council,  the  opportunity 
of  becoming  stockholders  in  the  gas  works  herein 
comtemplated,  to  any  extent  not  exceeding  one-half 
of  the  entire  stock. 

When   this       Sec.  10. — That  this  ordinance   shall  take  affect, 

ordin  a-^'^e 

siiaii  take  and  be  bmdmg  upon  the  parties,  so  soon  as  the 
said  John  Jeffrey  &  Co.,  shall  signify  in  writing 
their  assent  thereto. 

Adopted  by  the  board   of  Mayor  and  Aldermen, 
August  30th,  1852. 

Concurred  in  by  the  board  of  Common  Council, 
September  15th,  1852. 

Approved  October  13th,  1852. 

SAMUEL  D.  HOLT,   Mayor. 


elfeot. 


107 


Montgomery,  Alabama, 
October  4th,  1852. 


We  hereby  assent  to  the  terms  and  conditions  ol    The  assent 
the  foregoing   ordinance  for   lighting   the  city  of    frc)'  *  Co. 
Montgomery  with  gas. 

(Signed)  JOHN  JEFFREY  &  CO., 

By  their  Attorney  in  fact, 
WASHINGTON  BARROW, 
of  Nashville  Tennessee. 


The  more  effectually  to  secure  the    collection   of 
rents  in   the  City  of  Montgomery. 

h»g?  '^  upo^n       Section  1 . — Be  it  enacted  by  the  Senatt  and  House 
oath  of  land    of  Representatives  of  the  Stale  of  Alahama,  in  Gen- 

lord  or  his  ^  •'  •'  ' 

agent.  evol  Assembly,  convened.    That  whenever  any  land- 

lord, his  agent,  or  attorney,  shall  make  complaint 
on  oath  to  any  justice  of  the  peace  in  the  city  of 
Montgomery,  that  any  person  or  persons  is  or  are 
indebted  to  him  for  rent  of  any  tenement  within 
the  corporate  limits  oi  the  said  city,  and  shall  en- 
ter into  bond  and  security  in  four  times  the  amount 
of  the  rent  alleged  to  be  due  conditioned  to  pay  the 
said  defendant  all  costs  and  damages  he  may  recov- 

sued/direct  er  for  the  wrongful  or  vexatious  suing  out  of  the 
warrant  hereinafter  mentioned,  it  shall  be  lawful 
ior  the  said  justice  of  the  peace  to  issue  his  warrant 
returnable  before  him  not  less  than  four  nor  more 
than  ten  days  from  the  time  the  Avarrant  shall  be 
issued,  directed  to  any  constable  of  said  city  requi- 
ring him  to  seize,  and  to  take  into  his  possession 
any  goods  and  chattels  belonging  to  the  defendant, 
which  may  be  found  in  the  tenement  for  which  the 
rent  shall  be  due  ;  and  the  constable  shall  keep  the 
goods  and  chattels  so  seized  to  answer  the  judgment 
which  may  be  rendered  by  the  justice  of  the  peace 
in  the  cause  unless  the  debt  shall  be  sooner  paid 
with  all  costs;  and  the  justice  of  the  peace  on  re- 
turn of  said  warrant  shall  proceed,  and  render 
judgment  according  to  the  merits  of  the  case. 


109 

Sec.  2. — And  be  it  further  enacted,  That  when- 
ever the  sum  sworn  to  be  due  shall  exceed  the  sum 
of  fifty  dollars,  it  shall  be  the  duty  of  the  justice 
of  the  peace  to  direct  the  same  to  the  sheriff  of  the 
county  of  Montgomery,  and  make  the  same  return- 
able before  the  county  or  Circuit  Court  of  the  said 
county,  which  Court  shall  proceed  at  the  return  term 
of  said  warrant  to  render  judgment  in  the  said  cause; 
and  it  shall  be  the  duty  of  the  said  sheriff  of  the 
said  county,  to  proceed  in  tlie  manner  directed  by 
the  first  section  of  this  Act. 

Sec.  3. — And  he   it   further  enacted,    That  tlie    Defendant 

*^  may  replevy 

said  defendant  to  the  said  warrant  may  replevy  the  upon  giv- 
property  seized ;  Provided,  he  enter  into  bond 
and  security  payable  to  the  plaintiff'  in  double  the 
amount  of  the  sum  sworn  to  be  due,  conditioned 
to  pay  the  judgment  which  shall  be  rendered  against 
him,  orsurrender  the  said  property  to  the  proper  offi- 
cer, and  the  said  bond  sliall  have  the  force  and  effect 
of  a  judgment,  and  execution  may  issue  thereon,  if 
the  property  so  replevied  shall  not  be  delivered  to 
the  proper  officer  within  fifteen  days  after  the  ren- 
dition of  judgment. 

Sec.  4. — And  he  it  further  enacted,  That  if  anv    T'^naUv  for 

''  '  -      wrongful)  y 

shall  wrongfully  or  vexatiously  sue  out  such  war-    suing   out 
rant,  he  shall  be  liable  to  pay  the  defendant  therin 
treble  damages  to  be  recovered   by   action   on   the 
case  before  any  court  having  competent  jurisdiction. 
Approved,  March  2d,  1848. 


warrant. 


FORMS. 


sxjn^dii^^oisrs. 

The  State  of  Alabama,  I 
City  of  Montgomery.  ^ 

To  the  Marshal  of  the  City  of  Montgomery  : 

You  are  commanded  to  summon  A.    B,    to  appear  before 

me  on  the day  of 1861,  at   the  office  of  the 

Mayor,  to  answer  to  a  charge  of. 

when  you  will  then  and  there 

make  return  of  this  summDus. 

C.  D.,  Mayor. 
Issued  the day  of 1861. 


The  State  of  Alabama,  ) 
City  of  Montgomery.  ) 

To  the  Marshal  of  the  City  of  3Iont(jomery  : 

Complaint  having  been   made  before   me,  that  A.  B.  has 

committed  the  offence  of 

You  are  therefore  commanded  forth- 
with to  arrest  the  said  A.  B.,  and  bring  him  before  me. 

^  CD.,  Mayor. 

Issued  the day  of 1861. 


m 

The  State  of  Alabama,  ) 
City  of  Montgomery .  ) 

To  the  Marshal  of  the  City  of  Afontgoniery  : 

Yon  are  hereby  coiiimandod  to  summon 

personally  to  appear  before  the  Mayor  of  the    City  of  Mont- 
gomery, at on  the day  of 1861,  and  from 

day  to  day  thereafter,  until  discharged  by  due  course  of  law, 

to  give  evidence,  and  the  truth  to  speak,  in  behalf  of 

in  a  case  now  pending  before  the  said  Mayor,  in  which 

the  City  Council  of  Montgomery  is  Plaintiff  and 

Defendant,  and  have  you  then  and  there  this  writ   with    your 
endorsement  thereon. 

A.  B.,  Clerk. 

Issued  the day  of. 1861. 


The  State  op  Alabama,  '( 
City  of  Montgomery.  \ 

We,  A.    B.,  C.    D.  and   E.  F.,    agree  to  pay  the  City  ol' 

Montgomery dollars,  unless  the  said  A.  B.   appear 

before  the  Mayor  on  the day  of. 1861,  and  from 

day  to  day  thereafter  until   discharged  by   law,  to  answer  to 

the  offence  of. 

Approved.  )  A.  B.     L.  S. 

G.  H.      }  C.  D.     L.  S. 

S  E.  F.     L.  S. 


112 


The  State  of  Alabama,  ) 
Montgomery  County.  ) 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D,  and 
E.    F.^    are  held  and  firmly  bound  unto  the  City  Council  of 

Montgomery  in  the  sum  of. doUars^,  well  and  truly  to  be 

paid  to  the  said  City  Council  of  Montgomery. 

Sealed  with  our  seals.     Dated  the day  of. One 

Thousand  Eight  Hundred  and  Sixty-one. 

The  condition  of  the  above  obligation  is  such  that  if  the 
said  A.  B,  shall  prosecute  with  effect  an  appeal  by  him,  taken 
this  day,  from  a  judgment  rendered  against  him  for  the  sum 

of. dollars,  in  favor  of  the  City  Council  of  Montgomery, 

before ,  Mayor  of  the  City  of  Montgomery— 

to  the  next  term  of  the  Circuit  Court  of  the  said  county,  then 
the  said  obligation  shall  be  void :  But  if  paid  A.  B.  fail 
therein,  then  the  said  A.  B,,  C.  D.  and  E.  F.,  shall  pay  the 
said  judgment,  with  such  damages,  both  of  debt  and  costs,  as 
shall  be  adjudged  against  the  said  A.  B.  in  the  said  Court. 

Sealed  and  delivered  ')  A.  B.      L.  S. 

in  presence  of >  CD.      L.  S. 

S  E.  F.      L.  S. 


<4tL 


INDEX. 


PAGE.      8KC. 

ACCOUNTS. 

The  City  Clerk  shall  keep  account  of 

warrants  issued  by  him 44         98 

The  City  Clerk  shall  keep  an  account 

of  expenditures  of  the  City 44         99 

The  City  Clerk  shall  render  an  account 

of  money  paid  into  the  Treasury 44       100 

Hospital  Steward  shall   render  an  ac- 
count of  hospital  stores G2       194 

Clerk   of    Magazine    must   render   an 

account  to  the  City  Council 68       235 

Of  the   Treasurer 94       ;{87 

Treasurer's  account  when  approved....      94       388 
Wharfinger  must  account  monthly....      99       417 
ADVERTISEMENTS. 

The    Marshal   shall   adverti.se   sale   of 

cattle 31         22 

The    Marshal    shall    advertise   sale   of 

hogs 31         27 

The    Marshal    shall    advertise   sale   of  - 

horses  and  mules , 32         30 

The   Marshal    shall  advertise   sale   of 

property  levied  on  to  satisfy  a  fine 52        141 

The  Mayor  shall  advertise  the  assess- 
ment of  taxes 95       393 


116 

PAQE.       SEC. 

ADVERTISEMENTS  (Continued.) 

The  Clerk  shall  advertise  personal  prop- 
erty to  be  sold  for  taxes 96       39*7 

The    Clerk  shall  advertise  real  estate 

to  be  sold  for  taxes 96       398 

AFFRAYS. 

Persons  guilty  of  an  affray  without  stick 

or  weapon 28  4 

Persons  guilty  of  an  affray  with  a  stick 

orweapon 28  5 

Persons   guilty  of  an    affray  with  fire- 
arms or  deadly  weapons 28  6 

Abusive  words  may  justify  an  affray....       29         17 
ALDERMEN. 

How  elected 3 

May  hear  and  determine  cases 12 

Two  Alderman  may  call  a  meeting  of 

the  Council 12 

Four  Aldermen,  a  quorum 12 

ANIMALS. 

No  person  shall  fasten  an  animal  to  a 

lamp-post  or  fence,  &c 50       128 

Cattle  not  permitted  to  run  at  large....  30  21 
Cattle  running  at  large  may  be  sold....  31  22 
The  Marshal  must  advertise  sale  for  ten 

days 31         22 

No  city  officer  shall  bid  at  such  sale...       31  23 

Owner  may  obtain  cattle 31         24 

The  Marshal  refusing  to  deliver  cattle 

shall  be  fined 31         25 

Hogs  running  in  the  street  shall  be  sold  31  26 
Marshal   shall   advertise  the  time  and 

place  of  sale 31         27 

No  officer  shall  bid  at  such  sale 32         28 

Marshal  must  deliver  hogs  to  owner...       32         29 


Ill 

PAGE.      SEC. 

ANIMALS  (Continued.) 

Horses  not  allowed  to  run  in  the  streets      32         :H) 
Marshal  shall  advertise  and  sell  horses      32         31 

Owner  may  obtain  tlie  horse 32         32 

Owner  may  prove  title  within  one  year      32         33 
Horses  must  not  he  tied  to  puhlic  fences 

or  lamp-posts 50       128 

Persons  permitting  horses  to  stand  on  a 

side-walk,  fined \)2       377 

Horses  found    on    side-walk    shall    he 

siezed 92       378 

Dogs,  without  collars,  must  not  run  at 

large 33         36 

The  Marshal  must  procure  dog-collars      33         34 
The  Marshal  must  sell  collars  only  to 

white  persons 33         34 

The  Marshal  shall  register  number  of 

collar 33         35 

The  Marshal  must   not  sell  collars  to 

slaves  or  free  negroes 33         37 

No  slave  shall  keep  a  dog 33         38 

Free  negroes  not  to  keep  dogs  witliout 

license 33         30 

Cruelty  to,  luinished 47112-14 

APPEALS. 

May   be   taken    from    decisions   of  the 

Mayor  or  an  Alderman  to  City  Council      30         20 

May    be    taken    from   decision    of    tlio 

Mayor  to  the  Circuit  Court !'.♦ 

APPROPRIATIONS. 

The  Clerk  shall  keep  an  account  of 44         00 

ARRESTS. 

Warrant,  form  of 110 

Persons  arrested  may  give  bond 20         IS 

Persons  arrested  may  be  imprisoned-  • ....      30         1 0 


118 

PAGE.      SEC. 

ARRESTS  {Continued.) 

The  Market  Clerk  may  arrest  disorderly 

persons  about  the  market TO       244 

The  Marshal  shall  arrest  persons  viola- 
ting the  laws  of  the  city 76       2*79 

The  patrol  may  arrest  disorderly  persons      79       301 
Any  slave  arrested  may  be  confined  in 

the  guard-bouse 84       32*7 

Fee  of  the  Marshal  for   arresting  a  free 

person 54       152 

Fee  of  Marshal  for  arresting  a  slave 54       152 

ARTESIAN  WELLS. 

No   person    shall  throw  anything  into 

the  Artesian  Basin 34        42 

Persons  shall  not  wash  animals  or  vehi- 
cles   near   the  wells 34         41 

Bathing  in  the  Artesian  Basin  prohibi- 
ted       34         43 

Slaves  injuring  wells  shall  be  punished      34         44 

Free  negroes  bathing  in  the  Artesian 

Basin,  fined,  &c 34         45 

ASSAULT  AND  BATTERY. 

An  assault  committed  upon  a  white  per- 
son        28  7 

An  assault  with  a  stick  or  a  weapon  not 

likely  to  cause  death 2b  8 

An  assault  with  a  deadly  weapon 28  9 

An  assault  on  a  slave  by  a  white  person      28         10 
An  assault  on   a   slave  with    a  deadly 

weapon 28         11 

An    assault   on    a    white    person    by    a 

slave 29         12 

An  assault  on  a  slave  or  free  negro  by  a 

slave 29         13 


iiy 

PAGE.      SEC. 

ASSAULT  AND  BATTERY  (Continued.) 

An  assault  by  a  free  negro  on  a  slave...       29         14 
An  assault  by  a  free  negro   on    a   free 

negro 29         15 

An  assault  by  a  free  negro  on  a  white 

person 29         10 

Abusive  words  may  justify 29         17 

ASSESSMENT  OF  TAXES. 

The  City  Clerk  sliall  assess  and  collect 

taxes  on  personal  property 45       103 

Tlie  City  Clerk  shall  make  an  alphabet- 
ical list  of  voters 45       104 

List  of  voters  compared  with  names  in 

last  assessment 4G       105 

Clerk  must  make  a  digest  of  real  estate      46       106 
The  City   Council  shall  appoint    asses- 
sors        94       391 

The  assessors  shall  estimate  value  of  real 

estate 95       392 

The    Mayor  must  give  ten  days'  notice 

of  assessment 95       393 

The  assessment  when  approved  is  a  lien 

on  real  estate 95       394 

The  assessment  of  taxes  on    property  of 

owner  unknown  is  evidence 96       399 

The   taxes   shall   be  collected   by   City 

Clerk 95       395 

A  subdivision  of  lot  may  be  sold 96       400 

All    sales   shall   be   before  Court  House 

or  at  Artesian  Basin 97       403 

Interest   upon   payment  of  taxes  before 

December  allowed 97       404 

AUCTIONEERS. 

Must  obtain  license 05       208 


120 

PAGE.      SEC. 

AUCTIONEERS  {Continued.) 

Officers  of  court,  executors,  guardians, 
mortgagees,  may  sell  without  license...       65       209 
BAGATELLE  TABLES. 

Must  be  licensed 61       226 

BALANCES. 

Must  conform  to  standard   adopted  by 

tlie  State 71       254 

Persons  using  balances  not  conforming      72       255 
The  Clerk  or  Marshal  at  request  of  a 

citizen  must  test 72       258 

Maybe  inspected  by  public  weigher...       73       264 
BARBERS. 

Shall  not  keep  their  shops  open  on  Sun- 
day       34        46 

A  slave  or  free  negro  may  have  a  bar- 
ber shop 84      323 

BATHING. 

In  Artesian  Basin  forbidden 34         43 

In  river  between  sun   rise  and   sunset 

forbidden 34        43 

A  slave  shall  not  bathe  in  Artesian  Ba- 
sin       34        44 

A  free  negro  bathing  in  Artesian  Basin 

punished 34         45 

BEGGARS. 

May  be  taken  before  the  Mayor 75       274 

Any  ]3erson  bringing  a  beggar  to  the 

city 75       272 

A  slave  or  free  negro  bringing  a  beggar      75       273 
BILLIARD  TABLES. 

Keeper   of  public   billiard   tables   must 

obtain   license 67       225 

BOATS. 

Lying  at  the  wharf  shall  be  taxed 100      423 


121 

PAGE.       SEC. 

BONDS. 

Form  of  bail  bond Ill 

Form  of  an  appeal  bond 112 

Of  persons  arrested 29         18 

Of  clerk  of  magazine 68       231 

Of  public  weigher 72       261 

Of  tlie  Marshal 76       278 

Of  the  Treasurer 94       385 

Of  the-wharfinger 98       415 

Bond  of  Clerk 43         95 

BUR(^tLARY. 

Person  guilty  of 35         47 

Slave  or  free  negro  commmiting 38         48 

CABS. 

Owner  of,  must  obtain  license 35         51 

Must  have  their  number   painted  on  the 

lamps 36         54 

Charges  of  cab-men 36         55 

Penalty  of  charging  too  much 37         58 

Cab-men  must  keep  the  law  in  their  cabs..  38         67 

CAMPS. 

Not  allowed  in  the  City 93       381 

Persons   may  camp   on  the   banks  of  the 

river '^3       382 

CARTS. 

Shall  be  licensed 39         70 

Number  of  license  fastened  on 39         71 

Driver  of,  shall  not  refuse  to  carry  a  load  39         72 

Theload  of. 40         73 

CATTLE. 

Shall  not  run  at  large  in  the  streets 30         21 

Must  be  advertised  and  sold 31 

No  city  officer  shall  bid  at  such  sale 31 

The  owner  of,  may  obtain  them 31         24 

16 


22 
23 


122 

PACJK.  SEC. 

CATTLE   {Conlinued:) 

The  Marshal  refusing  to  deliver  cattle  shall 

be  fined ?A  25 

CEMETERY. 

All  corpses  must  he  huried  in 40  *77 

Paupers,  slaves,  and  free  negroes  huried  in  42  89 

The  depth  of  graves 41  85 

Injuries  to  fence,  tomhs,  &c 4-  *78 

Injuries  to  trees,  flowers,  and  shrubbery...  41  79 
Slaves  or  free   negroes  injuring  tombs  or 

flowers 41  80 

The  Sexton  shall  keep  it  in  good  order 42  86 

The  Sexton  shall  point  out  any  grave  in...  41  84 

CHEATING. 

Persons  obtaining  money  or  goods,  &c oo  50 

Persons  using  false  weights  or  measures...  72  25P» 

Persons  selling  by  a  fjilse  mark,  or  falsely 

packed  sugar,  &c 72  257 

CHIEF  ENGINEER. 

Of  Fire  Department,  how  elected 55  155 

Oath  of. 55  15G 

Vacancy  of,  how  filled 55  158 

Shall  have  full  control  at  fires 56  161 

Shall  be  Marshal  ex-ojjicio 56  163 

Shall  provide  for  keeping  of  apparatus 56  165 

Shall  keep  account  of  fires,  losses,  &c 57  166 

Shall  make  annual  report 57  1 67 

cmiMNEYS. 

Must  not  be  burnt  at  night 42  92 

Dangerous  to  adjoining  property,  nuisances  48  93 

The  nuisance  shall  be  abated 43  94 

CHURCHES. 

Not  to  be  disturbed 49  123 

CIRCUS. 

Owner  of,  must  obtain  license 51  135 


12:} 

r.AGK.     s.Er. 

CITY  CLERK. 

How   elected i; 

Oath  and  bond  of 43         <(.^ 

Shall  attend  the  meetings  of  City  Council  43         \](] 

Must  i<sue  summons,  &c 44         97 

Shall  issue  warrants  upon  Treasury 44         OH 

Shall  keep  account  of  expenditures  of  City  44         D'.l 

Shall  render  in  a  monthly  account 44       100 

Must  receive  returns  of  taxes 45        1 01 

Shall   assess   and  collect  taxes  upon  per- 
sonal property 45       lO!) 

Must  prepare  a  list  of  voters 45       104 

Must  examine  names  of  persons  assessed..  41       105 
Shall   make  digest  ol    returns    of  taxable 

property 40        lOH 

Shall  collect  taxes 46       107 

Shall  issue  Subpcenas  and  grant  licenses...  4f)       108 

Shall  levy  execution  for  collection  of  taxes  1)5       :)9T 

Must  advertise  property  to  be  sold 1)0       ;;98 

Failing  to  grant  license  for  exhibition 51        loS 

Fees  allowed  to 54       152 

CITY  COUNCIL. 

Composed  of  Mayor  and  Aldermen 2 

Two  Aldermen  from  each  Ward  elected....  :> 

City  divided  into  si x  Wards 2 

Two  Aldermen  may  call  a  meeting  of 12 

The  Mayor  and  three  Aldermen,  or  foui- 

Aldermen,  a  quorum  12 

CITY  PHYSICIAN. 

How  elected Co        101) 

Sliall  examine  applicants  for  admission  to 

hospital '. 0:J       200 

Dutiesof G}       201 

CLERK  OF  MAGAZINE. 

How  elected ^'<^       -•'" 


124 

PAGE.  SEC. 

CLEKK  OF  MAGAZINE  [Contmued.) 

Shall  give  liond 68  231 

Salary  of 68  232 

Must  kee])  office  near  centre  of  the  City....  68  233 

Shall  collect  taxes  on  powder 68  234 

Must  render  an  account  to  City  Council....  '68  235 

May  he  fined  or  discharged 09  236 

CLERK  OF  MARKET. 

How  elected 69  240 

Salary    of TO  241 

Shall  remain  at  market 70'  243 

Must  preserve  order  at  market 70  244 

May  call  persons  to  aid  in  keeping  peace..  70  245 

Shall  exclude  dogs  from  market 70  246 

Shall  condemn  unsound  provisions 70  247 

Shall  rejiort  persons  buying  provisions  for 

speculation 71  248 

Must  prevent  obstruction   of  side-walks....  71  250 

Must  ring  market  bell 71  251 

Shall  report  lessees  of  stalls 71  252 

May  be  discharged 71  253 

COCK-FIGHTING, 

.   Prohibited 47  113 

COMPLAINT. 

Persons  arrested 52  143 

Persons  arrested  may  give  bond , 52  144 

Complainant  sball  pay  costs 53  145 

CONCERTS. 

Must  be  licensed 51  134 

For  charitable  purposes,  excepted 51  136 

CONDUCT,  (Disorderly,  &c.) 

Persons  using  profane  or  indecent  language 

fined 47  109 


125 

PAGE.       !^EC. 

CONDUCT,  (Disovderly,  &c.,)  {Conimued.) 

Dninkenness,   punished 48  11.) 

Persons  injuring  city  property 50  1-T 

Driveis  of  licensed  vehicles 37  C2 

Slaves  or  free  negroes  guilty  of 85  oo2 

COSTS 

Of  case  must  he  entered  on   docket oo  14'J 

Complainant  shall  pay 53  145 

DAY  LABORERS 

Shall  ohtaiu  license 84  32() 

Persons  hiring  a  slave 81  3-.) 

Shall  not  refuse  to  work 87  341 

Persons  failing  to  pay 87  342 

DIRT 

Must  not  he  removed  from  streets 50  1 26-32 

Slave  carrying  away   dirt 50       133 

Shall  not  he  removed  from  wh ar f 100       425 

DISEASE. 

No  person  with  contagious  disease  shall  he 

hrought  to  the  city G3       2 '2 

Slaves  with  small-pox  must  he  sent  to  the 

Hospital C'l       T88 

Owner  refusing  to  send  slave  to  the    Hos- 
pital  ^ 01        18U 

Owner  refusing  to  pay  the  cost  of  remov- 
ing slave 61       100 

Physicians  having  patients  with  the  small- 
pox        01        101 

The  prevalence  of  epidemics 00       181 

The  hoard  of  health  to  inspect  lots 50       170 

Mayor  shall  report  monthly  the  condition 

of  the  city (-O       180 

DISORDERLY  CONDUCT. 

What  is 47       100 


•       126 

PAOE.       SEC. 

DISORDERLY  CONDUCT  {Continued.) 

Persons  injuring  fences,  door-plates,  sign- 
boards, &c 47  110 

Minors  or  apprentices  guilty  of. 47  111 

Killing  and  crippling  animals 47  112 

Cock-figiiting  or  dog-figliting 47  IK) 

Slave  guilty  of  cruelty  to  animals 47  114 

Drunkenness 48  115 

Grambling  prohibited 48  116 

Grambling  with  slaves  or  free  negroes  for- 
bidden   48  117 

Informer  to  be  paid 48  118 

Keeping  house  of  ill  fame 48  119-20 

Disturbing  public  worship 49  123 

Injuring  public  property 49  126-7 

No  person  shall  discharge  fire  arms 50  129 

Military    companies    may    discharge   fire- 
arms    50  130 

In  a  public  house 49  124 

Slaves  or  free  negroes  guilty  of 85  332 

Drivers  of  licensed  vehicles  guilty  of 37  62 

DISTRICTS,  FIRE. 

City  divided  into  three 55  159 

DOGS 

Not  allowed  to  run  at  large  without  col- 
lars   -^-^  ^^ 

The  Marshal  must  procure  dog-collars 33  34 

Owner  may  obtain  collar 33  35 

The  Marshal  must  not  sell  collars  to  slaves  33  37 

Slaves  shall  not  keep  dogs 33  38 

Free  negroes  must  have  license  for  dogs...  33  39 

Must  not  be  about  the  market TO  246 

DRAYS 

Must  be  licensed 39  70 

Number  of,  fsistened  on 39  /I 


12V 

DRAYS  {Continued.) 

Driver  refusing  to  carry  a  load 31)  72 

A  load  for  a  dray 40  73 

Licenses  of,  expire 40  74 

Drivers  must  not  p;o  f\ist 40  7.') 

DRIVING  FAST, 

Forbidden 40  70 

DRUNKENNESS. 

Persons  lyinij;  or  staggerinp;  about  public 

places 48       115 

EMPLOYER 

Of  a  slave  shall  pay  when  work  is  finislied  87  342 

No  person  shall  hire  a  slave  not  licensed...  84  325 
Shall  not  permit  slave  to  live  or  sleep  off 

his  premises 83  3)20 

Of  a  hack,  refusing  to  pay,  fined 30  57 

ENGINEERS. 

Chief  and  Assistant   elected 7)o  155 

Oath  of. 55  15G 

Vacancy,  how  filled 55  158 

Assistant  shall  be  chosen 55  159 

Chief  and  Assistants  shall  be  Marshals....  50  103 
The  Chief  shall  provide  ibr  the  keeping  of 

Engines  &c 50  105 

The  Chief  shall  kcc})  an   account   of  fires 

and  losses 57  100 

The  Chief  shall  make  an  annual  report....  57  107 

Shall  ascertain  where  water  can  be  obtained  57  108 

Assistant  shall  bear  orders    of  the   Chief..  57  109 

Shall  hold  meetings 5S  170 

EPIDEMICS. 

During  prevalence  of,  Mayor  sluiU  report 

daily i.ii       \^\ 


128 

PAGE.       SEC, 

EVIDENCE.  , 

The  Marshal  or  a  Policeman   must  sum- 
mons witnesses 53  146 

Witnesses  refusing  to  appear 53  147 

Witnesses  refusing  to  testify 53  148 

EXCAVATIONS. 

Of  cellars,  &c 50  131 

Digging  and  carrying  away  dirt 50  132 

EXECUTIONS. 

May  issue  for  fines 52  140 

May  issue  for  collection  of  taxes 95  396 

May  be  levied  on  any  property 95  397-8 

EXHIBITIONS. 

Must  be  licensed 51        134 

No  license  for  Paintings,  Statuary,  &c.,  or 

for  charitable  purposes 51       136 

Marshal  shall  attend  exhibitions 51       137 

EXPENDITURES. 

City  Clerk  shall  keep  an  account  of 44         99 

For  repairing  engines  and  apparatus 56       165 

EXTENSION. 

Of  streets,  how  made 10 

Land  may  be  purchased  for 10 

FAME,  ILL. 

Persons  of,  how  dealt  with 75       274 

Persons  keeping  houses  of 48119-20 

What  is  a  house  of  ill   fame 49       121 

Persons  renting  houses  of 49       122 

FALSE  MEASURES,  &c. 

Persons  using Y2       256 

FALSE  MARKS,  BRANDS,  &c. 

Persons  selling   by 72       257 

FALSE  PRETENSES. 

Persons  obtaining  money  or  goods  by 35         50 


I'MiE.       SEC. 

FAKE. 

Of  cal)8,  carriages,  hacks,  iV'c o(>  ."io 

Driver  of  liacks,  cVc,  may  contract  for I)G  50 

Hack-men  cliarging  niorc  than  estahlishcd 

rates  of. ;;7  58 

Persons  lefnsing  to  ])ay '.]()  57 

FAST  DRIVING. 

Forhidden ,     40  T(J 

Of  drays,  carts,  t^-c 40  75 

FEES. 

Must  be  set  down  on   docket 53  149 

Of  the  Mayor 53  150 

Of  the  Clerk 54  152 

OftheMarshal 54  152 

FEMININE. 

Included  in  masenline 27  1 

FIGHTING. 

Of  slaves  or  free  negroes 85  332 

(See  assault  and  hattery,  and  atfrays.) 

FILTH. 

Not  to  be  thrown  in  the  streets 'J2    371-2 

Mayor  shall  cause  removal  of 59  1 7l) 

Owners  of  lots  must  keep  them    clean 60  182 

Not  to  he  emptied  in  flie  sewers (Jl  187 

FINES. 

Persons  iiiiling  to  pay,  may  l)e  imprisoned  52  13'.t 

How  collected 52  140 

Of  minors  and  a])prentices 47  III 

Of  free  negroes <)0  3(; } 

FlUES. 

Fire  Department 51  I5.> 

Engineers  ot  Fire  Depaitment 55  15-^ 

Engineers,  how  elected 55  155 

Oath  of  engineers 55  150 

Engineers  must  carry  a  trumpet 50  ir,(i 

is 


130 

PAC^E.  8EC. 

FIRES  {Couiinutd .) 

Officers  may  be  removed 55  157 

When  vacancy  occurs 55  158 

The  Chief  Engineer  has  all  authority 50  161 

All  persons  must  aid  at 56  162 

Engineers  at  fires,  Marshals 56  16o 

To  prevent  the  spread  of 56  164 

Chief  Engineers  shall  provide  for  keeping 

apparatus 56  1 65 

An  account  of,  must  be  kept 57  166 

Engineers  must  ascertain  where  water  can 

beobtained 57  168 

When  Engineers  absent  from 57  16t) 

City  divided  into  fire  districts 55  159 

Fire  limits 58  171 

FIRE-ARMS. 

Not  to  be  discharged 50  1 29-30 

FIRE  COMPANIES. 

In  the  fire  department 54  153 

Each  Company  may  nominate  a  candidate  55  155 

All  under  control    of  Chief  Engineer 56  161 

The  apparatus  of  shall  be  kept  in  good  or- 
der   56  165 

Number   of  companies    and   members   in 

each,  to  be  reported 57  167 

The  foremen  of,  at  fires 57  167 

FIRE  DEPARTMENT. 

Organized 54  153 

FIRE  LIMITS. 

What  are 58  171 

'No  Avooden  building  erected  in 58  172 

What  shall  be  considered  a  wooden  l)uild- 

j  n  o' O  o  1  <  O 

No  wooden  building  must  be  moved  in 58  174 

Blacksmith  shop  must  not  be  set  up  in....  59  175 


I'AtiK.       SKC. 

FIRE  LIMITS  {Continued:) 

A  lumber-kiln  not  to  bo  allowed   in 50  17<'» 

Wooden  buildings  must  not  be  enlarged...  50  17'.' 
FJRK  I'LACES. 

Dangerous  to  adjoining  property 4I>  Uo 

Persons  lailing  to  remove 43  04 

FLYING  KITES. 

Forbidden 03  383 

FOOD. 

Unsound,  sluill  be  condemned   by   market 

Clerk 70  247 

Not  tt)  be  sold  on    Sunday 71  240 

Persons  buying,  to  speeulate 71  24H 

FOREST  ALLING. 

Probibited  in    market 71  24S 

FREE  NEGROES. 

Guilty  of  assault  on   slave 20  14 

Committing  assault  on  free  negro 20  15 

Making  an  assault  on  a  wliite  person 20  IP. 

Not  to  wasb  animals  or  vebicles  near  Arte- 
sian wells 34  41-5 

Not  to  tbrow  anything  in    Artesian  Basin  34  42-5 

Shall  not  bathe  in  Artesian  Basin  or  river  3)4  43-5 
Free  negroes  injuring  fence  of  grave  yard^ 

&c P 41  78-80 

Shall  not  destroy  flowers  or  break  monu- 
ments, &c 41  70-80 

In  what  part  of  grave  yard,  buried 42  80 

Guilty  of  cruelty  to  animals 47  112 

Shall  not  engage  in  cock-fighting 47  113 

Shall  not  bring  paupers  to  the  city 75'  2 7 2-: I 

Shall  not    keej)   .^hoj),  for   sale  of  cand> . 

cakes,  &c S3  322 

May  keep  a  barber  shop 84  323 

Shall  not  (juarrel  or  use  indecent  language  85 


.>o- 


1S2 

['Mil-:.       SKC. 

FREE  NECIROES  {Conihiuccl.)  ^'^HB: 

Must  not  gamble 85       333 

Shall  not  be  present  where   slaves  gamble      8('>       334 

Shall  not  be  at  unlawful  assembly S7       34') 

Must   not  smoke    or  carry    a  stick  in  the 

streets S(^       33G 

Harboring  a  slave  or  furnishing  '•  free  pa- 
pers' ' 

Shall  not  loiter  about  a  private  residence... 

Coming  to  the  city 

Names    of,  to    be    i-egistercd    by  the  City 

Clerk ^ 

Must  pay  Clerk  for  registering  names 

Moving  their  residence 

The  Marshal  must  visit  the  residence  of... 

Neglecting  to  register  their  names 

Shall  pay  a  tax 

Unable  to  pay  tax 

Shall  not  be  on  the  streets  at  night 

Shall  not  associate  Avith   slaves 

Failing  to  pay  lines 

Shall  obtain  license  to  work 

Must  not  fly  kites  in  tlie  City 

FUTURE. 

Included  in  the  past  and   present..' 27  1 

GAMING. 

Forbidden 48       TIC 

Owners  of  premises  must  not  permit  slaves 

and  free  negroes  to  game 

Retailers  must  not  permit  gaming 

Retailers  allowing  slaves  or  free  negroes  to 

gamble 

Slaves  or  free  negroes  gambling 

A  slave  or  free  negro  ju'esent  at 


86 

337 

87 

343 

8!) 

353 

80 

3>54 

89 

355 

89 

35  K 

89 

357 

90 

358 

90 

359 

90 

300 

90 

301 

90 

362 

90 

363 

90 

364 

93 

383 

48 

117 

82 

311 

82 

312 

85 

333 

86 

334 

1  oo 

l>A<iK.       f<EC. 

GAMING  {Continued.) 

White  persons  present  where  slaves  or  I'ree 

negroes  are  gamini:; H<">       •»-^'> 

GAS. 

Contract  lor 103 

Gas  Tompany  must  ohtain  license TiT)       2111 

GATES. 

Of  grave  yard  must  not  be  injured 41  7^5 

Of  grave  yard  to  be  opened  by  Sexton 42  8(1 

Persons  carrying  away  gates 4T  1 1  '• 

Minors  <n-  ap])rentices  injuring  gates 47  111 

GRAVES. 

The  graves  mu.st  must  be  dug  in  the  Ceme- 
tery       41         8,') 

GRAVE  YARD. 

All  corpses  must  be  buried  in 40  77 

Persons  injuring  tombs,  or  breaking  How- 

ers,  &c.... 41  78-0 

Slaves  or  free  negroes  injuring  tombs,  Sec.  41  SO 

Lots  must  not  be  enclosed,  &c 41  SI 

The  Sexton  shall  keep  a  map  of. 41  Sl> 

The  Sexton  shall  point  out  any  grave  in...  41  85 

Shall  be  kept  i n  good  order 42  8(5 

GUARD  HOUSE. 

All  persons  arrested,  to  be  confined  in 80       302 

Slaves  committed  to 78       291 

The  Marshal  shall  have  charge  of 80       303 

GUNS. 

Not  to  be  discharged  in  tbe  city ')0  1211-30 

GUN  POWDP]R. 

Shall  be  kept  in  the  Maga/Jne 68       233 

May  be  taxed r.8       234 

No  person  must  keep  more  than  one  keg 

in  his  store <)'.l       2;J7 


134 

PAGE.      SEC. 

HACKS. 

Owners  of,  must  obtain  license 35  51 

Applicants  for  license  must  make  oath 35  52 

License  not  to  be  transferred 36  53 

Name  of  owner  of,  sliall  be  registered 30  53 

Number  of,  must  be  painted  on  the  lamps,  36  54 

The  fare  allowed  to 36  55-6 

Persons  refusing  to  pay  the  fare 36  5*7 

Drivers  of,   cliarging  more  than  the  fixed 

rates 37  58 

Hackmen  refusing  to  carry  persons 37  59 

Shall  not  be  hired  to  slaves  or  free  negroes  37  60 
Shall    not  stand    in   front   of  dwelling  or 

store  &c 37  61 

Drivers  of,  guilty  of  disorderly  conduct...  37  62 

Hackmen  shall  not  leave  their  horses 38  63 

Hackmen  shall  not  race 38  64 

Drivers  of,  meeting  other  vehicles 38  65 

Shall  be  stopped  when  hailed  by  a  police- 
man   38  66 

Shall  have  copy  of  sections  55,  56,  57,  58, 

59,  in  each 38  67 

HAWKING  AND  PEDDLING. 

Persons  hawking  goods  about  the  streets 

must  obtain  license 64  206-7 

Fruit,  Poultry,  &c.,  must  not  be  hawked 

about  on  Sunday 71  249 

HEALTH. 

Board  of  healtli  established 59  178 

Board  of  Health  shall  insiDCct  lots 59  179 

Mayor  shall  report   the  condition    of  the 

City 60  180 

During  epidemics  Mayor  shall  report 60  181 

Owners  of  lots  must  keep  them  clean 60  182 

Persons  disobevins:  Board  of  Health 60  183 


135 

PAGE.       i^EC. 

HEALTH  {(Jonliniml.) 

The  Marshal  shall  execute  onlers  of  Board 

of  Health GO       KSl 

Persons  aggrieved  by  Board  of  Health OO       liS,') 

The  Policemen  shall    report  any  cause  of 

disease 01        I8(i 

Persons  shall  not  empty  noxious  fluids C.l        1ST 

Negroes  having  the  small-pox  must  l)e  re- 
moved        61        188 

The  owner  of  diseased  negro  failing  to  re- 
move him (')  1  IS'.t  -90 

A  physician  having  patients  Avith    small- 
pox        01       li)l 

Persons  controlling  steamboats,  &c.,  bring- 
ing diseased  persons  to  the  city 63       202 

HIRE. 

Persons  liiring  unlicensed  slaves 84       325 

A  slave  not  to  hire  bis  time  slave  without 

license 84       326 

Slaves  shall  wear  badges 87       340 

Slaves  shall  not  refuse  to  work 8*7       341 

Persons  failing  to  pay  slaves 87       342 

Persons  l\iiling  to  pay  for  hacks,  cabs,  S:c.       36         57 

HOGS. 

Running  at  large,  shall  be  sold 31         26 

Sliall  be  advertised  before  the  sale 31         27 

The  owner  may  obtain  his  hogs 32         20 

No  officer  of  the  city,  shall  bid  at  sale  of...      32         28 

Shall  not  be  owned  by  slaves 85       330 

Persons  permitting  slaves  to  own  hogs 85       331 

HOOK  AND  ladder! 

Com  pany 54       153 

HORSES. 

Running  at  large,  shall  be  advertised  and 

sold 32  30-31 

Owner  may  obtain  his  liorse 32         32 


13(; 

PAGE.  iJEC. 

IIORSEIS  {Continued.) 

Owner  of,  may  prove  his  title   witliiii  one 

year o2  )>o 

Shall  not  1)e  tied  to  lamp  post 50  128 

Shall  not  be  allowed  to  stand  on  the  side- 
walks   'J2  377-8 

Shall  not  he  ridden  or  driven  on  sidewalks  93  379 

Not  to  be  owned  by  slaves 85  330 

Persons  permitting  slaves  to  own 85  331 

Not  to  be  driven  fast 40  76 

HOSPITAL. 

No  person  shall  reside  in G2  192 

The  steward  shall  live  in  and  take  charge 

of G2  194 

No  person  admitted  withont  a  certificate  of 

Physician G2  193 

The  names,  &c.,   of  patients  must  be  re- 
gistered   62  195 

No  person  shall  loiter  about 62  196 

Alcoholic  liquors  shall  not  be  carried  to....  62  197 

The  grounds  of,  must  be  kept  in  good  order  63  198 
The  City  Physicanmust  examine  applicants 

for  admission  to ()3  2U0 

Shall  be  visited  by  City  Physician 63  201 

Negroes  having  small  pox,  must  be  placed 

in 61  188-9 

HOUSES. 

Wooden,  sliall  not  be  built  in  fire  limity...  58  172 

What  shall  be  considered  wooden 58  1 73 

Wooden,  shall  not  be  moved  in  fire  limits.  58  174 
Proprietor  of  public,  not  to  i)ermit  disor- 
derly conduct 49  124 

Persons  injuring  public  buildings^ 49  125 

Persons  must  not  fasten  animals  to  public.  50  128 

Cabs^  Hacks,  &c.,  not  to  stand  before 37  61 

Houses  of  free  Neo-roes  to  be  visited 89  357 


137 

PAOK.       SEr. 

HOUSES  {Confmued.) 

Houses  where  negroes  resort 78       iMll 

HOUSE  OF  ILL  FAME. 

Shall  iKit  he  kept  in  city iSllO-'JO 

A    house   inhabited    hy    lewd    woinen, — a 

house  of  ill  fame \\)       \-j,\ 

Persons  renting  a  building  to  be  used  as  a 

house  of  ill   fame 4;)        j^'i 

IDLERS. 

How  dealt  with 75       v»74 

ILL  FAME. 

Houses  ol",  not  to  he  kept 48n9-l'0 

What  is  a  house  of (.9        \  21 

A  building  rented  to  be  used  as  a  house  of  49        122 

Persons  of,  how  treated 75       274 

IMPRISONMENT. 

Persons  arrested  may  be  impi-isoned 3(1          19 

Persons  may  be  imprisoned  for  tine 52        !:]•) 

Shall  be  in  guaid   li()u.«e,  &c 80       1502 

INCORPORATION. 

Act  of I 

INDECENT  CONDUCT. 

Forbidden 4  'j-        |  ()f ) 

Slaves  Ol-  free  negroes  guilty  of 8.')       :^:j  2 

Drivers  of  veh ieles  guilty  of :;7         02 

KITES. 

Persons  shall  not   Hv  kites 9;;       ;;x:5 

LABORERS. 

Shall  be  licensed (',7        ^2!t 

Slaves  must  be  licensed  as S4       :52fi 

Free  negroes  must  have  license  to  work  in 

tlie  city .)0       ;;n4 

Persons  failing  to  pav 87       :>4"' 

T-AMPS. 

Pers(ms  breaking  lamps  of  the  city 50        127 

Of  licensetl   vehicles IJf,         :,  j 

19 


188 

PAGE.       SEC. 

L.\MP  POST;S. 

Animals  must  not  be  fastened  to 50  128 

Shall  not  be  broken 50  127 

LAND. 

How  taxed 13-'J5  392-8 

At  what  rates  land  shall  be  taxed 7 

Land  sold  for  Taxes  may  be  redeemed 96  102 

Taken  to  widen  or  extend  streets 10 

LEASES. 

Of  Market  Stalls  and  Cottee  Stands fU)  238 

LECTURES. 

Shall  be  licensed 51  134 

LEWD  PERSONS. 

House  to  which  lewd  women  resort 49  121 

How  such  ])ersons  dealt  with 75  274 

LICENSES. 

When  license  shall  expire 04  204 

Not  to  be  issued  for  less  than  one    year....  64  205 

Persons  hawking*  or  ])eddling,  shall  obtain  64  200 

Of  Auctioneers 65  208 

Of   Commission    Merchants,    Factors    and 

Brokers,  &c 65  210 

Of  Ware-house-meu 65  211 

Of  Insurance  Companies 65  212 

Of  Gas  Companies 65  213 

Of  Agents  of  Lotteries 65  214 

Of  Banks  and  Bank  Agencies 66  215 

Of  Brokers  and  Exchange  dealers 66  216 

Of  Livery  Stables 66  217 

Of  persons  having  stock  for  sale  66  218-9 

Of  Merchants 66  220 

Of  persons  offering   bacon,   Hour,   &c.,  in 

wagons 66  221 

Of  persons  playing  on  musical  instruments  67  222 

Of  Hotels ". 67  223 

Of  Restaurants 67  224 


I 

1 

I 


131> 

VAQE.      8EC. 

LICENSES  {Couilnuc(L) 

Of  Billiard  Tables..* 07  225 

Of  Bagatelle  or  Pool  Tables (')7  220 

Of  Pistol  Galleries 07  227 

Of  Ten  Pin-alleys 07  228 

Of  day  laborers 07  229 

Of  Hacks,  Carriages,  Cabs^  &c 35  51 

Of  Retailers  of  spirituous  or  vinous  liquors  80  300 

Of  Retailers  ot  Porter,  Ale,  t^-c 81  307 

Of  Retailers  maybe  annulled 82  312-5-7 

Of  Slaves  to  bire  tlieir  time 84  320 

Of  Slave  traders,  cl'c 89  351 

Of  Drays,  Carts,  &c 30  70 

Of  iree  negroes  working  in  tbe  city 00  304 

LIGHTS. 

Of  Lamps  of  Hacks,  Cabs,  &c.,  to  be  kept 

burning 3()  54 

LIMITS,  FIRE. 

Wbat  sball  be 58  171 

No  wooden  bouses  sball  be  erected  in 58  172 

Wbat  sball  be  considered  a  wooden  build- 
ing   58  173 

No  wooden  building  in,  sball  be  moved....  58  174 

Wooden  buildings   must  be   covered    witb 

zinc,  tin,  cl'C 50  177 

LIQUORS. 

Retailers  of. 80-1    300-7 

Not  to  be  sold  to  slaves 82  312 

Wbat  is  a  load  of,  for  a  Dray,  Cart,  t^'c...  40  73 

LISTS. 

Tbe  Clerk  shall  prejmre  a  list  of  voters....  45  104 

LIVERY  STABLES. 

Sball  be  licensed 00  217 

LOAD. 

Of  a  Dray,  Cart,  Wagon,  &c 40  73 


]40 

PAGE.       SEC, 

Load  {Continued.) 

Drivers  of  Drays,  &c.,  refusing  to  carry..  39  72 

The  rate  of  cliarfring:  for 40  V3 

Drivers  of  Hacks,  &c.,  refusing  to  take....  37  59 

The  fare  for  a  Hack,  Cab,  &c ".O  of, 

LOTS. 

Subdivision  of,  may  be  sokl 96  400 

Mayor  or  Board  of  Health,  may  inspect....  59  179 

Shall  be  kept  clean 00  182 

Nuisance  not  })ermitted  on 74  269 

In  Grave-yard,  liow  obtained -11  81 

Owners  of,  shall  repair  side-walks 91    366-7 

LOTTERY  OFFICES. 

Shall  be  licensed (i5  214 

Ll'MBER-KILN. 

Shall  not  be  made,  cV'c 5;)  176 

.^L\GAZINE,  POWDER. 

Clerk  ot;  appointed 68  230 

Powder  shall  be  kept  in 69  237 

Powder,  when  received <i8  233 

MAPS. 

Of  Grave-yard,  to  be  kept  by  Sexton 41  83 

1\>  be  delivered  to  the  Mayor 42  91 

MARKS. 

Selling  Merchandise  by  false 72  257 

MARKET. 

Shall  be  divided  into  stalls,  and  rented....  69  238 
Persons  shall  rent  more  stalls  than  are  ne- 
cessary   69  239 

The  stalls  of,  shall  be  cleaned 71  252 

Clerk  of,  shall  be  elected 69  240 

Salary  of  Market  Clerk 70  241 

Market  hours 70  24 

The  Clerk  must  remain  at 70  243 

The  Clerk  must  superintend 70  244 


141 

»  VAflE,  SEC. 

MARKET  {Continued.) 

Vehicles  and  dogs,  excluded  from 70  '24(> 

Unsound  provisions  shall  he  condemned..  7<l  -47 

Forestalling  forhidden 71  24S 

The  Clerk  shall  ring  Market  hell 71  251 

The  lessees  of  stalls  to  keep  them  clean...  71  2.')2 

The  Clerk  of,  may  he  removed 71  25'.5 

The  weight  of  Corn  sold  in  the  City 74  2r.8 

MARSHAL. 

How  elected 7C>  270 

Oathof 7(1  277 

Bond  of. 70  278 

Shall  arrest  persons  violating  the  law 70  2'J'.* 

Shall  execute  process 7<>  280 

May  command  citizens  to  aid  him 7()  281 

Shall  report  condition  of  the  streets 77  282 

lilust  have  the  Market  hell  rung 77  288 

Shall  have  control  of  the  Policemen 77  280 

Shall  issue  his  orders  to  Captain  of  Police.  77  287 

Must  eep  an  account  of  ahsence  of  Police- 
men   78  289 

Persons  resisting  Marshal 78  292 

Persons  attempting  a  rescue 78  293 

Shall  notify  patrol 79  297 

Shall  confine  persons  in  Guard-house 80  302 

Shall  he  keeper  of  city  prison 80  303 

Not  to  receive  fees,   unless  placed  on  the 

docket 53  149 

Fees  of 54  152 

Persons  arrested  hy ,  may  give  hond 29  18 

Shall  advertise  and  sell  cattle 3'^  22 

Must  deliver  cattle  to  the  owner 31  25 

Shall  advertise  and  sell  liogs 31  27 

Must  deliver  hogs  to  the  owner 32  29 

Shall  advertise  and  sell  horses  and  mules. . .  32  30-1 

Shall  procure  dog  collars 33  34 


142 

PAGE,  SEC. 

MARSHAL  {Continued.) 

Must  kill  dogs  without  collars 33  36 

Shall  not  sell  dog  collars,  to  Negroes 33  37 

Shall  attend  all   exhibitions 51  137 

Shall  advertise  property,  levied  on  for  fines  52  141 

Must  summons  witnessess 53  146 

Must  execute  orders  of  Board  of  Health...  60  184 
Shall  report  anything  injurious  to  health..  61  186 
Shall  cause  slaves  with  small-pox  to  be  re- 
moved...   61  189 

Must  test  measures  and  Aveights 72  258 

Shall  confine  slaves  in  guard-house 84  327 

Shall  inform  owner  of  the  slave's  arrest....  84  328 

Shall  commit  slave,  as  a  runaway 85  329 

Shall  visit  residence  of  free  negroes 89  357 

Must  hire  out  free  negroes 90  360 

Shall  enter  places  were  slaves  gamble 78  291 

Must  collect  costs  of  repairing  side-walks..  91  370 

Shall  seize  horses  on  sidewalks 92  378 

Must  arrest  persons  owning  Boats,  &c 100  424 

MASCULINE. 

Includes  Feminine  and  Neuter 27  1 

MASTER. 

Not  to  permit  slaves  to  sleep  on  a  separate 

lot 83  320 

MAYOR. 

How  elected 3 

Oath  of. 4 

May  hear  and  determine  cases 6 

May  grant  license  to  free  Negro 33  39 

Shall  deliver  schedule    of  Real  Estate  to 

Assessors 46  106 

May  issue  executions  for  fines 52  140 

May  issue  execution  for  collection  of  Taxes  75  396 

Upon  complaint  shall  issue  summons 52  143 


143 

MAYOR  {Continued.) 

Fees  of,  must  l»e  placed  on  docket 5o  149 

Fees  of 53  150-1 

Shall  be  President  of  the  Board  of  Health.  59  178 

Shall  inspect  Lots 59  179 

Shall  report  the  condition  of  the  city fiO  180 

During  Epidemics,  shall  report  daily 60  181 

Vagrants  may  he  taken  before 75  274 

Shall  instruct  Policemen 77  288 

Shall  grant  license  to  owner  of  Slave 86-7  338-40 

Shall  lay  returns  of  Assessors,  before  City 

Council 95  393 

Shall  advertise  assessment,  for  ten  days....  95  393 

Shall  convey  Real  Estate  to  original  owner  96  402 

MEASURES. 

Used  in  the  city 71  254 

Diftering  from  the  city  standard -72  255 

Persons  fraudulently  using  false 72  256 

At  request  of  a  citizen,  shall  be  tested 72  258 

Of  corn   shall  weigh,  &c 74  268 

MERCHANTS. 

Must  obtain  license 66  220 

MILITARY  COMPANIES. 

May  discharge  fire-arms 50  130 

MULATTO. 

Included  in  the  term  ''Negro" 27  3 

MUSICIANS. 

Playing  in  the  streets,  must  obtain  license.  67  222 

NEGRO. 

Meaning  of,  in  the  Code 27  3 

(See  Free  Negroes  and  Slaves.) 

NEUTER. 

Included  in   Masculine 27  1 

NIGHT. 

Policemen  shall  act  as  Watchmen 77  286 

Persons  arrested  at  night 78  290 


144 

PAGE.  SEC. 

NIGHT  {Continued:) 

Slave  shall  not  be  out  at  night 78-84  291-327 

Patrol  shall  arrest  disorderly  persons  at...  79  301 

Free  Negroes  shall  not  be  on  the  streets  at  90  361 

Bell  shall  be  rnng  at  9  o'clock,  at 84  327 

NOTICES. 

Shall  be  given  to  persons  to  act  as  patrol. . .  79  297 

Of saleof  Cattle 30  22 

Of  sale  of  hogs 31  27 

Of  sale  of  horses  and  mules 32  30-31 

Of  sale  of  Property  to  pay  fines 52  141 

Of  sale  of  Property  to  pay  taxes 95-G  397-8 

To  kee23ers  of  Livery  Stables (56  217 

To  Merchants., 66  220 

Clerk  shall  give  notice,  &c 45  102 

Mayor  sliall  give  notice  of  assessment. 95  393 

To  .persons  to  repair  side-walks 91  370 

NUISANCES. 

What  shall  be  deemed  a  nuisance 74  269 

Sliall  be  abated 74  270 

Persons  unable  to  abate 75  271 

Chimneys,  Furnaces,  &c.,  declared  to  be...  43  93 

Persons  continuing  a  nuisance 43  94 

NUMBERS. 

Of  Vehicles,  marked  on  them 36-9  54-71 

OBSTRUCTIONS. 

To  side-walks  or  gutters,  forbidden 91-2  368-76 

OFFAL. 

Shall  not  be  thrown  in  tlie  streets 92  372 

OFFICERS. 

City  Clerk,  how  elected 6 

Oath  and  Bond  of  City  Clerk 43  95 

Marshal  shall  be  elected  by  the  City  Coun- 
cil   76  276 

Deputy  Marshal  shall  be  elected  by  the  City 

Council 76  275 


145 

PAGE.       SEC. 

OM^ICERS  {Continued.) 

Clerk  of  Magazine,  shall  be  elected  by  the 

City  Council i;8       2:?0 

Clerk  of  Market,   shall   be    elected  by  the 

City  Council «;•)       240 

Sexton  shall  be  elected  by  the  City  Council  41         82 

Treasurer       "         '•         '•         "         "  ;)3       oS4 

Wharfln-er  ' "         ;'  !)S       41  li 

OMNIBUS. 

Shall  be  liceusetl 30          HS 

I'AlNTINdS. 

]\Iay  b(i  exhiliiled  without  a  license 51        loll 

PAST. 

Includes   tlie   fiilure 27             I 

PATROL. 

The  Citizens  may  be  enrolled  as 78        2'.M 

The  names  of  persons  shall  be  drawn,  t^'C.  70       20 "> 
The  Mayor  or  Ahhuinan   shall  make  a  list 

of  the  names 70       2'.C> 

Persons  shall  he  notified 70       207 

Captain  of,  shall  lie  appointed 79       208 

Persons  refusing  to  act  as  Captain 70       200 

Any  one  of  the  patrol,  reported 70       'AOO 

Shall  perform  duties  of  regular  Policemen  70       '.]()} 
PAUPERS. 

Shall  not  be  brought  to  the  city 75       272 

How  dealt  with 75       274 

Slaves  or  free  negroes  shall  not  bring  pau- 
pers, t^'c 75       27i'> 

Shall  be  buried  in  the  grave-yard 42         80 

PEACE  BOND. 

Maybe  requireil 47        100 

PEDDLING. 

Must  be  licensed 04       200 

Of  provisions,  tl'c..  on  the  Sabbath 71       249 

20 


146 

PAGE.       SEC. 

PERSONAL  PROPERTY. 

Taxes  on,  shall  l)e   assessed  and  collected 

by  City  Clerk 45-95  103-31)6-7 

PHYSICIANS. 

Shall  report  cases  of  Small-pox 61       1  *J  I 

City  Physician  shall  be  elected 63       199 

Duties  of  the  City  Physician 63    200-1 

PISTOLS. 

Shall  not  be  discharged  in  the  streets 50        129 

Pistol  (xalleries  mnst  be  licensed 67       227 

PLURAL. 

Includes  sing'ular 27  1 

POLICE. 

How  elected 76       275 

Non-residents  shall  not  be   cho-en   Police- 
men        77       285 

The  Policemen  shall  be  under  the  Marshal       77       286 
'i"!ie  Marslial  sliall  issue  orders  to  the  Cap- 
tain of. 77       287 

The  Mayor  shall   instruct  the  Policemen...       77       288 
The  Marslral  shall  keep  account  of  absence 

of  Policemen 78       289 

The  Policemen  shall  arrest  disorderly  per- 
sons        78       290 

The  Policemen  shall  enter  places,  &c 78       291 

Persons  resisting  a  Policeman 78       292 

Persons  attempting  a  rescue,  &c 78       293 

The  Marshal  shall  report  neglect  of  duty 

by ^ \       11       287 

Wages  of  Policemen 77       286 

The  duties  of. 77       286 

Shall  attend  Exhibitions,  &c 51        137 

(See  3Iarshal.) 

POLL-TAX. 

All  white  men  shall  be  taxed 97       409 


147 

PAGE.       .SEC. 

TOOL  TABLES. 

Shall  be  lieenned f.T       22(; 

POULTRY. 

Not  to  1)0  sold  on  the  Saldiatli 71        1M!> 

POWDER. 

•  Shall  be  kc})t  ill  the  Magazine (i!)        237 

At  Avhat  time  received  and  delivered GS       2oo 

Shall  be  taxed 08       234 

The  tax  .■ollrcf  od  (^n OS       23:, 

PRISON. 

Shall  be  kept  by  the  Mar.shal S( i       :'.0; ; 

Persons  shall   be    confined    in    the   gnard- 

house cSO       o02 

Slaves  shall  be  confined  in 84    327-8 

Persons  failing  to  pay  fines,  imprisoned....  52  13U 
Free  negroes  may  be  conli ncd  in 1)0       303 

PRIVY. 

Shall  not  be  built  near  tlie  streets 113       380 

PRODUCE. 

Bacon,  Elour,  iVc,  must  not  be  s(dd  with- 
out license i'><i       221 

Fruit,  Vegetables, il'C,  sold  with't  linccnse.       04       207 

PROSTITUTES. 

Shall  be  punished 7")       274 

House  inhabited  l)y 11'        121 

PUBLIC  HOUSES. 

Proprietors  of,   shall   ])r('serve  order 4lt        12-J 

PUBLIC  PROPERTY. 

Shall  not  be  injured 411       12.7 

Animals  shall  not  be  ffistened  to  buildings  50  12S 
Persons  must  not  remove  gra.ss,  dirt,  tt'c  .49-50  120-32 
Rocks,  Pebbles,  Src,  shall   not  be  carried 

from  wharves 1 '  0       4"i5 

Persons  must  not  break  lam])s,  posts,  i^'c.       50        I  27 

PUBLIC  WORSHIP. 

Shall  not  be  disturbed 4  it        IJ;; 


148 

]'A(JE.       .SEC. 

W  BARRELING. 

Forbidden 41  109 

Drivers  of  licensed  vehicles  ii;uilty  of 37  62 

Slaves  or  free  negroes  guilty  of 85  o32 

KACJXGr. 

Shall  not  be  permitted  in  t!; e  streets 38  CA 

HHAL  ESTATE. 

Shall  be  assessed 95  392 

The  assessment  of,  shall  be  advertised 95  395 

The  assessment  shall  be  a  lien  on 95  394 

When  owner  of,  is  nnknown 9G  399 

Taxes  on,  shall  be  collected  by  Clerk 95  395 

Execution  may  issue 90  398 

May  bo  sold  for  taxes 96  400 

All  sales  shall  be  before  Artesian  Basin....  97  403 

Prooceeds  may  be  kept  for  owner 90  400 

May  be  redeemed 96  402 

RECORDS. 

Shall  be  kept  by  Clerk 43  96 

REDEMPTION. 

Of  Land  sold  for  taxes 90  402 

REGISTRY. 

Of  deaths  to  be  kept  by  steward  of  hospital  02  195 

Sexton  shall  keep  a  registry  of  interments.  41  83 

Of  free  negroes 89  354-5 

RELIGIOUS  WORSHIP. 

Must  not  be  disturbed 49  123 

REMOVAL  OF  OFFICERS. 

By  the  City  Council 80  304 

RENT. 

How  collected  in  the  City 108 

Of  Market  stalls 69  238 

REPAIR. 

Of  side-walks 91  366-T 

Persons  failing  to  repair  sidewalks 91  370 


14ii 

PAGE.       SEC. 

KESCUE. 

Persons  attempting T*"^       - •^•' 

RESISTING  AN  OFFICER. 

Persons  shall  not  resist  officers 7H       '1\)2 

RESTAURANT. 

Shall  be  licensed <m       -^'^4 

RETAILERS. 

Shall  ho  licensed SO-1    306-T 

Oath  of 81       :^.08 

License  of,  must  contain  the  place,  &c 81       ;>0y 

License  of,  cannot  be  transferred  by 81       olU 

Shall  not  })crmit  gaming- 82       'Ml 

City  Council  may  revoke  license  of 82   31 2-5 

Shall  keep  order 82       ?A:\ 

Shall  not  trade  on  Sabbath 82       :U-\ 

Keeping  house  resorted  to    by    slaves   and 

free  negroes 821)1  ()-7-8 

RIDING  FAST. 

Forbidden I'l         Tf. 

RIOTOUS  CONIHICT. 

Forbidden 47       10'.) 

Minors  or  Apprentices  guilty  of 47       ill 

RUNAAVAY. 

Slave  committed  as 8.")       :!2'.) 

SABBATH. 

Poultrv,  Vegetables,  &:c.,  shall  not  be  sold 

on " 71       241) 

Retailers  shall  not  sell  on 82       314 

Persons  shall  not  receive  goods,  &c.,on....  100       421 

SALES. 

Shall  be   at    the   Artesian  Ba.'sin,  or  Court 

House -'^       403 

Of  Cattle 30        22 

Of  Hogs 31         27 

Of  Horses  and  Mules 32         31 

Of  Property  to  pay  fines •'>2       141 


150 

PAGE.      SEC. 

SALES  {Continued.) 

Of  Property  to  pay  taxes 95  397-8 

City  Officers,  must  not  buy  property  at....      80  305 

SCALES. 

Public,  shall  be  established 72  259 

Public  weigher  shall  be  appointed 72  260 

The  Bond  and  Oath  of  weigher 72  26i-2 

The  weigher  shall  keep  scales  in  good  order      73  263 

The  Scales  shall  be  inspected 73  264 

Public  scales  shall    not   be  kept   without 

license 73  265 

A  white  person  shall  attend  public 74  266 

Bates  for  weighing  at  public 73  263 

May  be  tested  by  Clerk  or  Marshal 72  258 

SCHEDULE. 

The  Clerk  shall  make  a   schedule  of  Real 

Estate 46  106 

The  schedule  shall  be  delivered  to  the  as- 
sessors   46  107 

SEWERS. 

Shall  not  be  obstructed 92  376 

Filth  shall  not  be  emptied  into 61  187 

SEXTON. 

How  elected 41  82 

Shall  keep  a  map  of  grave-yard 41  83 

Shall  make  an  index 41  84 

Shall  dig  graves 41  85 

Shall  keep  Cemetery  in  good  order 42  86 

Shall  report  number  of  interments 42  87 

Compensation  of 42  88 

May  be  dismissed 42  90 

Shall   deliver   books,    maps,    &c.,   to   the 

Mayor 42  91 

SHOOTING. 

In  the  City  forbidden 50 


129 


151 

PAGE.  SEC. 

SHOWS. 

S],ali  .,L  licensed 51  VM 

<Jl  Animals 51  135 

Of  Painting,  etc.,  or    for   charitable    pur- 
poses    51  1 3  (') 

The  Marshal  shall  attend 51  13T 

SIDEWALKS. 

Shall  not  he  encroached  ni)on , 'Jl  3(15 

Width  of 1)1  3G(; 

Shall  not  he  obstructed 1)1  36S 

Shall  be  repaired 1)1  370 

Filth  shall  not  be  emptied  on (il-92  187-371 

SIGN-BOARDS. 

Must  not  be  injured  or  removed 47  110 

Minors  or  Apprentices  injuring 47  111 

SINGULAE. 

Includes  the  plural 27  I 

SLAUGHTER-HOUSE. 

In  the  City  forbidden 74  201) 

Owner  of,  failing  to  remove  it 74  27') 

If  the  person  be  insolvent 75  271 

SLAVES. 

Persons  assaulting  and  beating 28  10 

Persons    assaulting    slaves,    with    deadly 

weapons 2S  11 

Assaulting  white  i)ersons 21)  12 

Reating  another  slave  or  free  negro 2U  13 

A  free  negro  beating 21)  14 

Shall  not  keep  a  dog 33  38 

The  Marshal  shall  not  sell  a  dog  collar  to.  33  37 
Shall  not  wash    vehicles,   ttc,   near  Arte- 
sian Wells 34  41-4 

Must  not  throw  anything  in  Artesian  Basin  34  42-4 

Shall  not  bathe  in  Artesian  Basin  or  River  34  43-4 

Guilty  of  Burglary  or  Larceny 35  48 


152 

PAGE.       SEC. 

SLAVES  (Continued:) 

Driving  Hacks  must  not  charge  above  tlie 

fixed  rates o7  58 

Kefusing  to  carry  persons  in  liacks,  c^-^c...  37  51) 

Hiring  veliicles  to  slaves  or  free  negroes...  'Al  OO 
Shall  not  keep   vehicles  in  front  of  stores 

&c -n  (;i 

Driving   vehicles,  guilty  of  disorderly  con- 
duct    37  02 

Shall  not  leave  their  horses 38  63 

Shall  not  race  in  the  streets 38  64 

Shall  drive  to  the  right 38  65 

Shall  stop  their  vehicles  when  hailed 38  66 

Shall  not  drive  fast 40  75 

Shall  be  buried  in  the  grave-yard 42  80 

(fuilty    of  cruelty   to  animals 47  112-4 

Engaging  in  cock-fighting 47  113-4 

Persons  permitting  slaves  to  game 48  117 

Shall  not  dig  or  carry  away  dirt.  <.^'c 50  132-3 

Refusing  to  aid  at  fires.'. 56  1(;2 

Having  small-pox,  shall  be  carried  io  the 

Hospital 61  188-'J 

Shall  not  bring  paupers  to  the  city 75  273 

Absent  from  owner's  lot,  shall  l)e  arres- 
ted  78-84  291-327 

Houses  in  which  liquor  is  sold,  visited  by..  82  316 
Shall  not  live  away  from  tlie  owner's  pre- 
mises   83  310 

Owner  permitting  slaves  to  live  or  sleep  off 

his  lot ^ 83  320 

Persons  renting  a  lot  or  room  to 83  321 

Shall  not  keep  cake  or  candy  shops 83  322 

May  keep  a   barber  shop 84  323 

Persons  hiring  unlicensed  slaves ...  84  325 

Persons  permitting  slaves  to  Avork  without 

license 84  326 


i5r> 

iSFiAVES  {(Joniinued.) 

May  be  committed  to  jail S.j  329 

Shall  not  own  a  veliicle  or  animal 85  330 

Shall  not  quarrel  or  figlit,  Szc 85       332 

Using  profano  or  Indocont,  lano'uago 85  332 

Shall  not  gamhh^ sr.  333 

Shall  not  bo  present  wlioro  gaming  is  car- 

netl  on 80  334 

Shall  not  smoko  or  carry  a  stick 80  33G 

Shall  not  harbor  a  slave  or  give  a  pass SO  33*7 

May  have  license  to  hire  their  time 80  338 

Shall  wear  badge 8G  331) 

Shall  not  wear  the  badge  of  another  slave.  87  340 

Shall  not  rcfnse  to  work 87  34 J 

Persons  tailing  to  pay 87  342 

Sliall  not  loiter  about  private  lots 87  343 

Shall  not  be  present  at  an  unlawful  assem- 
bly   87  3J4 

Persons  sliall  not  sell  J i(|Uor  to 8T  3-10 

Persons  sliall  not  sell  to,  nor  buy  from 87  340 

l*ersons  selling    lifiuor  to,  oi-  buying  mer- 
chandise from 88  347 

May  sell  vegetables,  milk,  &c 88  348 

vSlavc  traders  shall  not  exhibit 'fs^d  351 

Slave  traders  must  obtain  license 89  352 

Shall  not  ily  kites 93  383 

Shall  bo  taxed 97  111 

SLAVE-TRADERS. 

Shall  not  exhibit  slaves  near  Court-house..  87  351 

Shall  obtain  a  license 81  352 

SMALL-POX. 

Negroes  having,  must   be    carried   to    the 

Hospital <i  I    J  88-9 

Physician  shall  I'oport  all  cnsf^s  of 01  191 

SMOKING. 

Slaves  and  free  negroes  shall  not  smoke  in 

the  streets 'Sfi  '.W^ 

21 


154 

PAGE.      SEC. 

!SOAP. 

Factory  ol",  shall  not  be  set  up,  &c.: 5^t  ]75 

SPIRITUOUS  LIQUOES. 

Sale  of,  must  be  licensed • 80-1  306-7 

Shall  not  be  sold  on  Sunday 82  314 

Shall  not  be  sold  to  slaves 8V  346 

Slaves  loitering  about  place,  where  sold ....  82  31G 

STABLES. 

Livery,  shall  be  licensed 66  2I7 

STALLS. 

In  the  Market  to  be  rented 69  238 

Persons  shall  not  rent  more  stalls,  &c 60  239 

Shall  be  kept  clean 71  252 

STEAMBOATS. 

Shall  be  taxed lUU  422 

Persons  refusinc;  to  pay  tax  on 100  423-4 

STEPS. 

()t  houses,  must  not  be  injured 47  Hii 

^Minors  or  Apprentices 47  111 

STOVES. 

Dangerou^s  I0  adjuluiug  propejLy  must  he 

removed 43  93 

Persons  failing  to  remove 43  94 

STREETS. 

May  bo  widened .* 10 

Shall  not  be  encroached  upon 91  365 

Width  of  side-walks 91  366 

Must  not  be  encumbered 91  368 

May  be  occupied  for  building  purposes 91  369 

Persons  failing  to  repair  side-walks 91  370 

Filthy  water  must  not  1)0  thrown  into 92  371 

Oftal  must  not  be  emptied  on 92  372 

Market,  Lawrence,  Perry  and  Court 92  373 

Cellar   doors,  must  not  be  above 92  374 

Steps  shall  not  be  erected  on 92  375 

Sowers  must;  not  be  obstructed  92  376 


15:> 

TAGE.  i^EC. 

STREETS  (Continued. ) 

Horses  must  not  stand  ou  .sidewalks 92  377 

Horses  found  on  sidewalks 1)2  3*78 

Persons  must  not  ride  on  sidewalks 1)3  379 

Privies  must  not  l)e  built  near  sidewalks...  93  380 

Persons  shall  not  camp  on 93  381-2 

Persons  must  not  fly  kit«^s  on 93  383 

SUPGGNAS. 

Form  of Ill 

Shallbc  issued  by  the  Clerk 40  108 

May  ho  .scrvt^d  hy  nny  Officer 53  1 4 <) 

SUMMONS. 

Theform  ol" 110 

Must  be  issued  by  the  Mayor 52  143 

The  Clerk  may  issue 44  97 

The  Marshal  shall  execute 7r>  280 

SUNDAY. 

Poultry,  Vegetables,  &c.,  shall  not  be  sold 

on ' ! 71  249 

Retailers  shall  not  sell  liquors  on 82  314 

Merchandise  shall  not  be  received  on 100  421 

SUSPICIOUS  PERSONS. 

Arrested  by  the  Policemen 78  29') 

SUSPICIOUS  PLACES. 

Policemen  shall  enter 78  291 

TAVERNS. 

Shall  be  licensed <m  223 

Proprietor  of,  shall  preserve  order 49  1 21 

TAXES. 

Assessors  of,  shall  be  appointed 94  39 1 

The  duties  of  Assessors  of. 9o  392 

The  Mayor  shall  advertise  assessment  of...  95  393 
The  assessment  of,  shall  be  a  lien  on  pro- 
perty    9  ^  '^'''^^ 

Shall  be  collected  by  the  Clerk 95  395 


If)!') 

rA(!E.  SEC. 

1  AXE»S  {Continued:) 

On  j)ersonal  property  shall  be  assessed  and 

collected  by  the  Clerk 45  lOo 

Before  assessment  of,  the  Clerk  shall  pre- 
pare a  list 45  104 

The  assessment  of,  shall   he   corrected  hy 

list  of  voters 46  105 

Schednlo  of  real  estate  to  he  delivered 40  lOH 

Execution  shall  issue  for 05  396 

Execution  levied  on  personal  property 05  397 

Real  Estate  levied  on  to  pay 96  398 

Real  Estate  may  he  sold  for 96  400 

The  proceeds  of  real  estate  to  ho  kept  for 

the  owner 96  401 

Land  sold  for^  may  be  redeemed 96  402 

Persons  paying  taxes  before  December 97  404 

Of  Lawyers,  Doctors  and  Dentists 97  405 

Of  Daguerreotypists  and    T^rtists   of  like 

Character 97  406 

Of  watches,  chains  and  clocks 97  407 

Of  furniture  and   silver-ware 97  408 

Of  white   persons 97  409 

Of  horses  and  carriages 97  410 

Of  slaves * 97  411 

Of  free  negroes.., 90  359-60 

Of  Boats 100  422-3 

TAX-COLLECTOR. 

The  City  Clerk  shall  he 45-95  103-395 

TEN-PIN  ALLEYS. 

Must  be  licensed (;7  228 

'J'HEATRES. 

Must  be  licensed 51  134 

The  Marshal  shall  attend 51  137 

The  Clerk  oV  Marshal  neirlectina'  duties....  51  138 


ir>7 

PAGE.       SEC. 

TOMBS. 

Must  not  be  iujiited 41  78 

Slaves  or  free  nogrocs  in juving tl  78-80 

TRADE. 

Persons  nuist  obtain  license '><•  220-1 

TRADERS. 

In  Slaves,  must  obtain  license 8<l  .')r)2 

Shall  not  exliibit  slaves  at  the  Court-house 

&c 80  851 

In  horses  must,  obtain  license ^0  218-0 

TRADING  WITH  SLAVES. 

Forbidden 87  34G 

Persons  may  buy  Fruit,  Eggs,  &c.,  from..  83  348 

Proof  of. 88  340 

Persons  buying  Cotton,  Corn,  Bacon,  &c.,  88  350 

TREASURER. 

How  elected 03  384 

Must  give  a  bond 04  385 

Shall  receive  and  pay  out  money 04  380 

Shall  account  monthly  to  the  City  Council  04  387 

The  account  ol^ 04  388 

The  salary  of 04  380 

May  be  dismissed  from  office 04  300 

Must  keep  money  for  the  owner  of  land  sold 

for  taxes OC  101 

TREES. 

In  the  Cemetery  shall  not  be  injured 41  70 

Slaves  or  free  negroes  injuring .„.. .  41  70-80 

UNLAWFUL  ASSEMBLY. 

Of  Slaves  forbidden 87  344 

White  persons  or  free  negroes  present  at. . . .  87  345 

UNSOUND  PROVISIONS. 

Shall  be  condemned 70  247 

VAGRANTS. 

Shall  be  taken  before  tlie  Mayor 75  27^ 


158 

PAGE.      SEC. 

VEaETABLES. 

Stalls  for  sale  of. 69  238 

Shall  not  be  hawked  about  on  Sunday ^1  249 

Slaves  may  sell 88  348 

VEHICLES. 

Shall  be  licensed 35-39  51-68-70 

Must  be  numbered 36-9  54-Yl 

Licenses  of,  expire  in  March 40  74 

Must  not  be  driven  fast 38-40  64-75 

VENDING  GOODS. 

By  sample  must  be  licensed 64  206 

From  wagons  must  be  licensed 66  221 

VINOUS  LIQUOKS. 

Sale  of,  must  be  licensed 80  306 

Shall  not  be  sold  on  Sunday 82  314 

Must  not  be  sold  to  slaves 87  346 

Slaves  loitering  about  place,  where  sold....  82  316-7 

VOTERS. 

Must  pay  a  poll-tax 4 

Persons  voting  illegally 98  412 

WAGONS. 

Shall  be  licensed 39  70 

Must  be  numbered 39  71 

Driver  of  refusing  to  carry  a  load 39  72 

What  shall  be  a  load  for 40  73 

Drivers  of,  charging  more  than  fixed  rates  40  73 

Licenses  for,  shall  expire 40  74 

Driver  of,  must  not  drive  fast 40  75 

Shall  not  obstruct  sidewalk 91  368 

WARRANTS. 

The  Clerk  must  issue  warrants 44  98 

The  Mayor  may  issue 56  143 

Must  be  executed  by  Marshal 76  280 

WATCHMEN. 

Policemen  shall  act  as 77  286 

Shall  arrest  disorderly  persons 78  290 


159 

PAGE.       SEC. 

WATCHMEN  {Continued.) 

Shall  enter  places  resorted  to,  by  slaves  or 

free  negroes 78  *J91 

Citizens  shallact  as 78-0  29-1-5 

G  uilty  of  improper  conduct 70  oOO 

Shall  patrol  the  street  at  night 70  301 

Persons  interfering  with ,  78  293 

WEIGHER. 

Public,  must  be  elected.... 72  260 

Bond  and  oath  of. 72  2G1-2 

Shall  keep  apparatus 73  263 

Shall  charge  for  weighing 73  263 

Shall  examine  scales^  measures,  &c 73  264 

Shall  keep  while  person  at  scales 74  266 

Licensed  weighers 74  267 

Corn  weighed  by 74  268 

WEIGHTS  AND  MEASURES. 

Shall  conform  to  the  State  standard 71  254 

Persons  selling  by  false 72  255-6 

The  Clerk  or  Marshal  shall  test 72  258 

City  Council  shall  provide 72  259 

Shall  be  Inspected  by  public  weigher 73  264 

Market  Clerk  shall  adjust 70  243 

WHARF. 

'  Boats  at,  shall  be  taxed 100  422-3 

Persons  who  shall  remove  rocks,  &c._,  from  100  425 

Goods  shall  not  be  delivered  at,  on  Sunday  100  421 

WHARFAGE. 

Rates  of 99  419 

Wharfinger  shall  have  a  lien  for 100  420 

WHARFINGER. 

Shall  be  elected 98  413 

The  Oath  and  Bond  of 98  414-5 

Shall  keep  a  book 98  416 

Shall  render  an  account 99  417 

Shall  report  repairs  needed  on  Wharf 09  418 


ir,o 

PAGE.  SEC. 

WH AEFINGER  {Continued. ) 

Shall  have  a  lien  for  Wharfage 100  420 

'   Shall  collect  tax  on  hoats 100  422-3 

Marshal  notified  hy 100  424 

WITNESSES. 

The  Clerk  shall  issue  Suhpcenas  to 86  108 

Shall  he  summoned  hy  any  officer 53  146 

Failing  to  attend 53  147 

Refusing  to  answer  (|uestions 53  148 

Fee  of  Clerk  for  issuing  Supcena 54  152 

Fee  of  Marshall  for  summoning 54  152 

WOODEN  BUILDINGS. 

Shall  not  he  erected  in  lire  limits 58  172 

What  is  a  wooden  huil ding 58  17^ 

Not  he  carried  into  fire  limits 58  174 

Shall  not  be  enlarged  in  fire  limits 59  177 

WORSHIP. 

Shall  not  he  disturbed 49  123 


) 


Date  Due 

I 


